Thank you for your reply. Diana C - I suggest you use our Contact form to submit your enquiry and issue. 16 April 2018, Hugh - it reads as if the issue has been raised with us already so it would be wrong to try and consider it here as this is a blog rather than a forum. Timothy jenkins My solicitor seems to think the 'electronic record' of the deed is something different to the title register and title plan? Can anybody help please as Im worried sick about all this. Lynnette Mortgage lenders should send a copy automatically. 10 November 2020. posted on https://www.gov.uk/get-information-about-property-and-land/search-the-register Comment by Click here to acknowledge this disclaimer and enter the site . 21 June 2018. Dave - if the property is unregistered then the original (title) deeds and documents are important. Pat Thank Adam - I have sent an explanation of the problem to your colleagues. How about the discharge of interest in the property by the building society please? Mitigating the risks is something you/your conveyancer would need to discuss and decide upon. AdamH He was baffled as to why they weren't transferred to his daughter, then the people we bought from although this land has always been part of our garden. posted on posted on JohnnyW 11 March 2019, Emma - there is nothing 'automatic' but you can apply to register claimed ownership over time. AdamH 03 February 2021. I am still currently chasing my solicitor to submit First Registration for my home. You cant find out what the remaining charge is without contacting the bank. 24 June 2020. Pat AdamH The scariest & most shocking betrayal is, & most of us are guilty of it including me, when our children are born, we then birth them like a ship into the government Maritime / Admiralty Law as a corporation. I don't understand what's going on here and am totally confused. 15 May 2018. My advice would be to get legal advice and then consider using a tracing agency as appropriate, Comment by Lynnette 2. can this access be online/email? posted on EX39 5QF, Comment by 20 June 2019. Old deeds can help paint a picture as to how land/property has been conveyed previously so can be important but once registered the title plan is the key re owned extent and position of general boundaries. 12 December 2020, I have a problem my title deeds to 11 large properties were stolen. If the right granted is flawed and/or hasnt been used then you may need to look at getting a new right granted by #35 or see if you can claim the right. Comment by posted on posted on AdamH I've done a SIM and nothing was found but he insists it is registered and won't take no for an answer!! 13 February 2019. posted on 28 August 2020. the bank did not tell me to search land registry files, hope the next customer has it easier. Comment by 22 January 2019, Katharine - if you complete our online contact form with the specific details then we can check on what records we hold and advise you how to apply for copies as appropriate https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page, Comment by Thanks for your answer. Comment by Comment by Ivan Spore posted on marion hall posted on Regards, Carol. Afterwards I began to panic that I have opened myself up to some kind of property fraud as they already have a copy of my driving licence and utility bill. posted on Heather We also have the mortgage offer from Lloyds bank from 1981/82. Will this cause issues moving forward when selling? Will mortgage lenders, as a matter of course, refuse to release monies if title documents cannot be supplied? No paperwork can be found. 23 October 2019, Just a couple of questions, we have buyer for our house, they are doing a let to buy mortgage and have been told by their conveyancer ( very late in the proceeds) that they need to register their property electronically with land registry. This should be sent to HM Land Registry Citizen Centre, PO Box 74, Gloucester GL14 9BB. Comment by June warranty deed, quit claim deed, etc.) Apart from this, we will return the pre-registration deeds after registration. Comment by Frank Ralston 19 August 2018. Hi Adam. 15 September 2020, Linda - its one if the first things they would do, Comment by Once theyve supplied those then hopefully in the coming weeks it will be completed. However you may feel otherwise and I would suggest you make a scanned copy and use our online contact form to query the matter Comment by . Peter - do you have the title number? You can contact us https://www.gov.uk/guidance/contact-hm-land-registry with the property address and/or title number and we'll look into this. You dont need either for probate purposes Must I surrender the title deeds upon completion or can I keep them as a memento. posted on None of this answers your fundamental question but it may help ease the frustration to a small extent knowing that it is quite possible that your lender never had the original deeds/documents for the reasons mentioned. posted on Neil - I'm afraid we can't really offer any additional guidance here and you should rely on your solicitor. We do not hold any information on unregistered land. As a final mark of desperation yesterday I sent my solicitor an Email to my solicitor which said; posted on 14 March 2019. AdamH I agreed with Donald that it was less likely for them to held by lenders, though. Jeff - I see you have also emailed us so I will allow the support team to respond. posted on 17 May 2018, Hi, I received deeds from the mortgage company when I paid it off. posted on https://www.gov.uk/government/publications/change-the-register-ap1 Comment by You are going to tell me that it is registered in my name, if someone was to challenge that in a court with the original deeds saying they had been living in another country for the last 20 years and come home to their house and found me living in it i would be looking to you at the land registry for answers and you would tell me? 25 Government Drive Newton, NC 28658; . First one is the garage at the end of the garden is on unregistered land. We dont know how this has happened. We always thought our property was registered with the Land Registry - and have just paid 6 to reassure ourselves and see the extract entry online and print a copy off - but would like to know if what we are looking at is "electronically registered", and if so negates the need for us to do anything else in order for probate to be done when we die. Comment by Comment by He has erected a fence which is not on the boundary shown on Land Registry plans. 21 February 2018. Comment by appreciate the advice, Comment by Published: Dec. 7, 2021 at 2:17 PM PST. The online service does provide an example of the title plan for example so you can see what information you are buying. And if I should do it now, is it form OC1 or OC2 that I need? Comment by There is no mention of any other title deeds being "filed at" at the Registry. Generally, we only have the original title deeds whenland or property is registered for the first time, as we need them to prepare the register. How to request a copy of the deeds. linda We still have 8 years remaining on our mortgage. Comment by But as you have already applied on the OC2, it would be best to wait to hear from us. 16 February 2021, My neighboro has had his house sale stopped because he cannot prove he has access to the property (his drive crosses mine) now his solicitor is demanding my deeds do I have any legal right to, Comment by JeanR - If as you say the land is not registered we wouldn't hold any information on the location of the deeds. I have those deeds and all paperwork since. Should I consider they have never registered ownership with HM Land Registry? Hi. posted on My Aunt passed away recently and left me her house in her will i am trying to put it up for sale but my estate agent says that they cannot sell the house without the deeds to prove her ownership, My aunt lived in her house since shortly after the second world war and it was her parents home before that. posted on Hi adam. Also the mapping has limitations as to accuracy and generalisation, and presume a certain level of map reading skill e.g the significance of a solid line and a pecked line. What can our original conveyancing solicitor do, or will we have to get another solicitor? The downstairs owner does not claim this area as they have a street entrance. So if the lease does not include one then we won;t have a coy of a floor plan, Comment by Change of Address Form. AdamH this is yet another example of taking money out of people for no service or customers care. posted on Details: The loss of deeds may also impact on whether 'full' legal title can be given, but a solicitor will be able to advise you further on this. Hi, I'm in the process of selling a few of my rental properties. Hi, how do i know if HM registry actually hold copies of my deeds ( as in all of them?) The deeds show a charge still against the mortgage company. 2 Pay. These addresses have been in use continually by the Post Office, and by the Local Authority for more than 20 years . But I have a follow up question, which is what is the nature of that other evidence? If the claim was seen to be initially valid and the land is registered we would then write to you at the contact details on your register to seek your view - hence the need to get legal advice, Comment by AdamH Our road was built in the 1970s using land purchased from the back gardens of the houses that back onto our road, and a neighbour believes that there was a convenant at that time which specifically prevented those houses from having vehicle access to our road via our back gardens. posted on Is there any way of seeing more details such as an address to contact them on? It will not cover wills/probate and inheritance as they relate to the beneficial ownership/deceased's estate, so they can impact as explained but first registration is based on the transfer of the legal ownership by way of a deed rather than wills/probate on their own. Originally I had a small mortgage which was repaid in 1998, I have form DS1 from the lender, The Woolwich , as proof. Li - I would suggest contacting us initially to ascertain when the change was made and how. All Rights Reserved. posted on Donna Hicks Spencer. I have only recently registered my property with Land Registry and I possess the original Title Deeds which will not show the revised boundary, although the agreed boundary will be registered through due process with Land Registry. AdamH Am I right in saying that if it has been part of the land for the last 10 years it automatically then belongs to the property which its in the boundaries of? posted on Have been given this website: https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2 My Uncle died 3 years ago and his property, which has been in the family since 1836, was unregistered with the Land Registry. I wrote to Highways England - Land Enquiries over 7 weeks ago and due to their volume of work, I can't expect a reply within at least 12 weeks. posted on 20 May 2020, Joanne - theres no DD option by post so it would be a postal order you need. Yes, it seems likely that the house has not been registered with us. Which is unnecessary when the missing notes are. As the article explains we discontinued issuing Land/Charge Certificates which were a copy of what we held on record/electronically. Before the instrument may be recorded, the Register of Deeds must collect the tax due and mark the instrument to indicate that the tax has been paid and the amount of the tax paid. posted on Comment by Many thanks Adam, I am emailed as requested. 25 April 2019, Hi I have purchased the title register and it says at the bottom, note original filed, does that mean the original deeds were filed with yourselves x, Comment by However I say needs to reservedly as in my experience too much digging/research may risk the indemnity policy being withdrawn but your solicitor will know far more than I in that regard. https://help.landregistry.gov.uk/app/contactus_general 24 January 2020. As you can see, it's all a mess and we've now taken it upon ourselves to try and look into it further. Your property was registered under its own title in 2015 when you bought it from the Council. Sam - understood and apologies for not being clearer. As in, if the sellers dont have that information either? 24 May 2019. 08 April 2020. lp82533 - Im unsure what the EA means by that. Its a very small triangular wedge which as been part of the garden and has been maintained by the vendor for the past 24 years. It is quite straightforward that back garden part that belong to me with only access from my ground floor. If I request a deed for the property, will it show this information? posted on Again, this is something that we are not involved with and you would need to continue to take this up with the lender involved and follow their complaints process if you remain unhappy. Peter - That's fine. So a starting point is confirming who actually owned the land and then what happened after that person died re probate, Comment by I am switching mortgage provider and there is a field for the title number. Lynnette, Comment by 2. 27 October 2019. I have found out that the solicitors don't exist anymore. 20 June 2020. As you've mentioned, this is a matter for you to decide based on all the available information and your solicitor as an independent legal professional is best placed to advise you in this regard. Its agood idea to keep the original deeds though, as they can hold extra information, about legal boundaries or who the previous owner was, for example. and also states that original documents will be scanned and destroyed. We'll then check and get back to you. Please suggest. AdamH 25 August 2018. My question is, am i left with a house that I cant sell in the future, if mortgage providers are this concerned ? If you decide to apply now you can do this by letter and this should supported by a letter from the parish council / local authority authorising the change together with any other available evidence. Apologies if this is the incorrect portal but I was wondering; if you could help us with some info. The usual practice where a property was subject to a mortgage was for the solicitors to pass the deeds onto the lender, but we have no control or involvement in this and therefore we cannot confirm whether this happened in a particular case. posted on Regards Tony, Comment by posted on posted on 17.3.2020 I wanted to look at who owned the land on which my property is built and the previous owners of this property so I asked my solicitor for the deeds to my property. That said, we essentially have an administrative role in registering ownership and other interests in land and so if any dispute did arise, you would need to consider seeking independent legal advice if you were unsure as to the way forward. Adam, first of all thanks for your prompt reply. As per PSD1 form that we received from the Land Registry and Practice guide 47: transfers of public housing estates, Section 3.2 The existing incumbrances to which the land is subject, the beneficial easements and rights specified in paragraphs 2 and 3 of Schedule 6 of the Housing Act entered in the register as appurtenant to the title (see below). 28 April 2018. Finally, as mentioned in the blog, although the paper titles deeds you hold are not needed to prove ownership, it is a good idea to hold on to them. Ruckledge and (3) Steven John Robinson and Denise Robinson. Comment by Limit of 5 free uses per day. They are a historical document and wanted them returned. 13 November 2020, Hi, posted on John - understood and very much the right thing to do. 23 August 2020. Registration meant lodging those original deeds/documents with us, we created a register/title plan and a copy of both in the form of a Land Certificate (Charge Certificate if there was a mortgage) and issued that to the applicant along with the original deeds/documents. 04 June 2020, I have the land registers of my house but dont recall getting the deeds where do I go pls, Comment by AdamH 20 September 2020. Mo 29 April 2020. Bubbles1980 I inherited two cottages at either end of a row of seven from my grandmother in 2003. Comment by If theres a name missing then you can apply to update the register and include a copy of driving licence or passport (name page). As mentioned in the blog, the register and title plan for your property held by us in computerised format are your proof of ownership. Our family owns two very old, adjoining properties that share a passageway to their rear. Thanks Adam. If we could find the covenant and mention that in our objection petition, it might help, Comment by The term 'the deeds' is in my experience associated with how title or ownership was proven before registration, namely you had a pile of deeds, inc a lease in this case, and they were used to prove your ownership. 28 February 2018, Gillian - most lenders remove their mortgage electronically and they receive a confirmaiton from us what that has happened. So even though the register / deeds may not refer to the postal address, when searching, the Property Gazetter enables the searcher to link the address with the title number based on the information referred to. posted on posted on AH posted on These were issued by us and in effect were a copy of the registered details we held. Surely a correction or affidavid/addendum can solve this problem. posted on posted on Our fees for obtaining copies of the title register and plan are 7 each (3 each if obtained online) and an additional 7 each for a copy(ies) of any deeds/documents referred to as filed in the said title register. If there is a filed deed you can apply by post for a copy (form OC2) Catawba County: Donna Hicks Spencer - Register of Deeds: Check Order Status. https://www.gov.uk/government/publications/official-searches-and-outline-applications, Comment by Should we have, in our deeds, the other part of the covenant that was signed by our proceeding deed holder that made the covenant . Comment by Now we are looking to sell our property and see there is an error on the registration. They seem to be selling it 'limited title guarantee', theres no relatives so im not getting a Property Information Form and now the solicitor tells me that although the house is registered in the deceased's name (theres a title plan and title register available) there is no 'electronic deed' available from land registry. We have contacted Legal and Contingency to request that they provide a quotation for a defective title indemnity policy and await receipt of that from them. Now you want utility bills to prove he lived there! 24 May 2018. posted on I have been told that before they were destroyed by whoever they should have been offered back to us. 17 September 2018. posted on posted on AdamH I don't know how or when the property was next sold after 1963 as our electronic records only start from 1994 for this title and refer to your own details as registered from 1987 but in many cases matters were dealt with by a buyer's solicitor and you would not always know what deeds/documents were handed over in such cases as often they went straight to the lender for security reasons. An idiot's guide is impossible for such scenarios but by separating out the chain of representation first and then dealing with the registration should enable you to complete the legal and registration requirements. 24 September 2020. Are the deeds different to the register? 28 October 2019. Hi hoping you can help with my inquiry. Robert Reed. When we purchased in 2001 there was no issue with the conveyance, when ownership was transferred to me as a sole owner there were no problems. You would need to check with HMRC re IHT and liability, Comment by The nice to have comment indicates that they can be of interest, helpful even at times but their importance dimmed considerably once the title was registered. Wendy I have end terrace property with alleyways, having bedrooms over the alleyways have windows facing front access path and rear passage way. 04 December 2020. Its very rare that a deed of such an age can be corrected now. * Text should be on one side of the page only. Approximately how long is registration taking please? It is a 2 ft wide footpath that services 6 terraced properties and has never been an issue and of no use to anyone who wanted to build or put anything on it. If you have any concerns over safety/security of the information then you should discuss that with the solicitor before handing the details over, Comment by But if the developer came along and said wed got it wrong or get off our land then you may not be the legal owner. posted on 04 June 2020, Jackie - have a read of the article and track back as appropriate with your solicitor or bank. to your predecessors in August of 2001. Mike We bought our home back in 2002 and have recently realised (after searching online for our property valuation) we are not registered with Land Registry. posted on 17 February 2020, Thanks I already searched. You will need it, Comment by AdamH The only deed we will have and which is specific to your property is that 2015 deed. Fax: (828)465-1911 Catawba County Courthouse 100-B SW Blvd, Justice Center Newton, NC 28658 I suspect the solicitor is referring generically to such matters so IF your property is not registered advising that you consider getting it registered. Is this because of Covid? Our solicitor has tried to find out the reason behind the defect title, however the sellers dont seem to have an answer. In which case we won't hold any information on the whereabouts of the deeds. posted on My question is will I actually get any paper work from the Land Registry to make it official? 18 February 2020. The house is around 100 years old and I have a huge collection of paperwork consisting of conveyance documents, planning applications, ancient mortgages etc. If you have a boundary issue then whilst they may be of interest/assistance they may not solve it for you anyway - see our PG 40 supplements 3-5 inc https://www.gov.uk/topic/land-registration/practice-guides, Comment by Comment by Roger Adley 10 August 2018. 20 November 2018, Sherry - that is a form A restriction and it can be registered in a number of scenarios. As we stand, he thinks the defect in the title is because the freehold deeds haven't been registered and are not to be found either- maybe lost or destroyed. When we bought it it was explained that this was out of date and no longer relevant. From what I can gather, as long as they are listed on Land Registry, I don't personally need to obtain copies of the original paper deeds (we used several solicitors back in the day, so are unsure who dealt with the purchases). Sometimes you can do this by obtaining adjoinging titles but you can imagine how expensive and time consuming that can be when there have been many sales such as a residentiasl estate or in an urban area. This should be sent to HM Land Registry Citizen Centre, PO Box 74, Gloucester GL14 9BB". If the person owning the leases should have a copy then there should be no need to replace a lease. My neighbours are trying to suggest that they were given a small area of one of my fields by the previous owner of my house and land (over 24yrs ago!). June Gloucester is the correct address. I've heard discounts are typically quite high? 25 November 2020. Were these easements and rights granted in conveyances by initial vendor (local council) persuant to schedule 6 to the housing act 1985 registered as appurtenant to the title? Guidance. posted on posted on I was hesitant to provide this information as I thought it was a confidential document but they advised they would remove my property from the market if I did not provide this. Robert Guinn They then swap and the tenant registers their lease I should stress that this type of application is likely to wait several weeks/months before it is considered but your solicitor should be able to keep you informed, Comment by Kim Parsons It is all very complicated for the layman, to find out what we can do on our property. If they have destroyed them I think it's totally out of order. I would much appreciate if you can clarify me with these 2 queries please. posted on AdamH Comment by 25 October 2019. Hello In my experience your mortgage lender at the time will definitely have held the Charge Certificate issued in 1987 but they may not have had the original deeds/documents to which you refer. 07 September 2018. As on original deed only my husband name on it. Our records show that the solicitor did contact us regarding expediting the application in early October but this was refused. But they invariably require the agreement of the neighbour affected. I am concerned with the resale value in 5 years if I take this on. Devon The first thing to consider as you've mentioned is whether your property is already registered with us. Comment by Michele Trewhella The Catawba County Register of Deeds is speaking for the first time one year after being charged with embezzlement. Comment by There's no specific mention of a lease in the deeds. These are: the latest document of title - usually the conveyance/transfer relating to your house purchase, As to what is needed to cancel the mortgage and receive the 'deeds' that something that you'd need to discuss further with the mortgage company involved. Thank you that would be greatly appreciated. The original has more recent modern unprofessional looking text and digits that corrects the earlier script ( added between the lines of the script) and to the side of the corrections are numerous signatures and dates hand written by a solicitor. My neighbour believes the land agent holds the deeds and he has written to him requesting the deeds or sight of them. 21 February 2018. I will be using a solicitor who will certify what documents are required to submit to the Land registry. Jacqui Thoms i had to pay to get them released when we paid the mortgage off. AdamH AdamH Can't recall which now, but I think it was the record office who were pleased to take it into their collection. Many thanks Fairer If land is acquired by adverse possession, do the Land Registry record evidence of the boundary set (measurement/photos/descriptions) for registration? posted on AdamH Mandy, Mandy - I suspect it has been in the family all that time so they never had to produce the deeds. However, is this the same as "the Deeds"? posted on 09 December 2020. I urgently need to get this completed before the end of January. Please note the Practice Guide is written for legal professionals and may therefore contain some unfamiliar terms. You dont need to hold anything. If your purchase is now confirmed I would suggest that they make a further request and provide evidence to confirm the purchase is to take place, Comment by Andrew Buckley Customer Reference: DISCHARGE_APPN I presume the solicitors have been holding the deeds for safekeeping and you have not mortgaged the property during your ownership. posted on I just wonder what she can do to rectify the situation? Are you able to check the progress of this please? Many lenders won't hold mortgage deeds for residential properties and expect the client or solicitor to hold them so I think your comments about deeds being held by a mortgage company is generally incorrect. I suspect they have sent you the Charge Certificate - if so then simply keep that if you wish to. 11 December 2018. The deeds for the house were lost and the charity took out an indemnity insurance for us. posted on Have a read of the GOV.UK guidance on joint property ownership to see what you can do 15 April 2019. It is labourious for me to fill out the OC2 form - during which I am expected to declare the fee I'm paying - instead of having a simple web form where i can tick boxes. Is this correct. So is it 7 for official copy of register and 7 for title plan or does 7 cover both. 27 February 2018. The fence line is quite clearly in what would appear to be the neighbours garden. My neighbour says I have no legal rights to access the part of my neighbours land despite the evidence of prior use as by council tenanants, I have used it since then(2006). Many years ago my solicitor had said there was a covenant on the property prohibiting keeping hoofed animals. ianflowers Please note that all comments made to the blog are subject to moderation. 11 October 2018. If this doesn't seem to accord with the deeds, then, yes, check with the solicitors who acted for you in the first instance. This country has a pay up and shut up service. posted on It might be worth getting to clarify which lease HMLR have registered. posted on Comment by Is the Land Registry likely to hold a list of title deeds for those years between 1927 and 1995? Dan, Comment by We paid off the equity release mortgage, I received letter of confirmation from Land Registry saying that they have cancelled the entries relating to the mortgage.