Lost house deeds: procedure

Grolschevik · 19-05-2011 1:01pm #1

If, say, a bank lost the deeds of a house, what what would be the procedure (and the timeframe and cost) for obtaining replacement documentation that would allow that house to be sold?

Thanks, lads...

Milk & Honey · 19-05-2011 2:28pm

Is the title Land Registry or Registry of Deeds?

Ken. · 19-05-2011 2:51pm

If the bank lost them demand they replace them at their expense.

Grolschevik · 19-05-2011 2:53pm

Milk & Honey wrote: »

Is the title Land Registry or Registry of Deeds?

Let's say for the sake of argument that no-one knows.

19-05-2011 3:25pm

Well then go the respective regestries and check.

Grolschevik · 19-05-2011 3:30pm

234 wrote: »

Well then go the respective regestries and check.

With all due respect, that doesn't help to answer the general question of what the procedures and timeframe might be.

Ok, let's say that title is registered.

19-05-2011 4:15pm

Here. If you googled it you would have had your answer in 10 seconds.

Grolschevik · 19-05-2011 4:23pm

234 wrote: »

Here. If you googled it you would have had your answer in 10 seconds.

Thanks, I read that before... Which of those FAQs do you think answered my initial question with regard to procedure, timeframe, cost, acceptability of the documents for a conveyance? Number 5?

Number 21 was the most useful: "When a title is accepted for registration in the Land Registry the original title documents are retained and permanently filed. A folio is opened in respect of the property and generally it is not necessary to refer to the original title documents again. A certified copy of this folio can be obtained with or without a copy of the map outlining the property".

Ok; let's now assume that the title is unregistered.

19-05-2011 6:46pm

Well in the FAQs it tells you how much it costs to get a certified copy of your folio and tells you the timeframe. Questions 5 & 6.
If the property iss unregistered then you are in a lot more trouble. Even if some of th documents were registered in the registry of deeds they don't keep actual copies. If the land is unregistered and you want to sell then you need to talk to a solicitor immediately.

challenges · 19-05-2011 7:03pm

Grolschevik wrote: »

If, say, a bank lost the deeds of a house, what what would be the procedure (and the timeframe and cost) for obtaining replacement documentation that would allow that house to be sold?

Thanks, lads...

Does anyone know what to do if you suspect that your own solicitor has mislaid the deeds but will not admit it? I am 99% certain that my solicitor was in possession of my deeds a few years ago, but now he swears he doesnt have them!! All other possibilities have been looked into , and its most likely that he has them. I should say that his office was broken into at one point and deeds belonging to a relative of mine went missing!! Any idea what to do please??

Grolschevik · 20-05-2011 11:18am

234 wrote: »

Well in the FAQs it tells you how much it costs to get a certified copy of your folio and tells you the timeframe. Questions 5 & 6.
If the property iss unregistered then you are in a lot more trouble. Even if some of th documents were registered in the registry of deeds they don't keep actual copies. If the land is unregistered and you want to sell then you need to talk to a solicitor immediately.

Thanks for that. In your experience, if it was discovered after an offer had been made on a property for sale that the deeds (unregistered) were lost, is the timeframe involved in reconstructing title prohibitive? As in, would the potential buyers be likely to walk away?

20-05-2011 11:31am

Grolschevik wrote: »

Thanks for that. In your experience, if it was discovered after an offer had been made on a property for sale that the deeds (unregistered) were lost, is the timeframe involved in reconstructing title prohibitive? As in, would the potential buyers be likely to walk away?

You need a solicitor to answer those questions. I am not competant to advise you and even if I was I would decline to do so on an online forum. I wishyou the best of luck in selling your house.

Grolschevik · 20-05-2011 12:28pm

234 wrote: »

You need a solicitor to answer those questions. I am not competant to advise you and even if I was I would decline to do so on an online forum. I wishyou the best of luck in selling your house.

Actually, I'm not selling anything, nor am I looking for advice. My interest is purely hypothetical, based on a case study I read about in a report by the financial ombudsman regarding a bank losing deeds. (or, more accurately, in MOP's summary here: http://hb.betterregulation.com/external/Financial%20Services%20Ombudsman%20Case%20Studies.pdf).

Let me rephrase the initial question:

What practical difficulties/delays are likely in the sale of an unregistered property if the deeds for that property were lost by a bank?

dermot_sheehan · 20-05-2011 12:41pm

You'd have no evidence of title to the property if you needed to sell/mortgage it.

You would need to apply to register the property and submit any and all evidence of ownership including photocopies of the title deeds, extracts from memorials registered in the registry of deeds, searches in the registry of deeds etc, along with an affidavit outlinging what happened to the deeds.

The landregistry may require that the application be advertised or that you get out a title insurance policy for a certain number of years for the benefit of the state.

Carawaystick · 20-05-2011 11:23pm

If you lived in a property for more than a dozen years would the adverse possession route make any sense to go down in the case of unregistered land?

I'm glad my property is land registry not deeds...

_JOE_ · 21-05-2011 9:42am

Best route would be a bond to cover the property in respect of the lost deeds, followed by an application if unregistered, for first registration in the PRA.

As Dermot alluded to, this would involve submitting all copies of any docs in your possession coupled with declarations and affidavits as prescribed by the PRA.

Timeline, i'm not certain but the PRA would be your first port of call. From experience, it won't be any time soon unless you can get the matter expedited.

Grolschevik · 04-06-2011 7:04pm

Grolschevik wrote: »

Actually, I'm not selling anything, nor am I looking for advice. My interest is purely hypothetical, based on a case study I read about in a report by the financial ombudsman regarding a bank losing deeds. (or, more accurately, in MOP's summary here: http://hb.betterregulation.com/external/Financial%20Services%20Ombudsman%20Case%20Studies.pdf).

I'd forgotten about this thread! Does anyone mind if I yet again rephrase the hypothetical question?

In the financial ombudsman's report mentioned, a bank had to pay minor damages because of the inconvenience caused by their loss of deeds.

It strikes me that a property sale falling through because of a bank's loss of deeds and the concomitant delay in reconstructing title would represent a significant inconvenience.

But is it one that could be a cause of action?

Hippo · 05-06-2011 1:27pm

Grolschevik wrote: »

I'd forgotten about this thread! Does anyone mind if I yet again rephrase the hypothetical question?

In the financial ombudsman's report mentioned, a bank had to pay minor damages because of the inconvenience caused by their loss of deeds.

It strikes me that a property sale falling through because of a bank's loss of deeds and the concomitant delay in reconstructing title would represent a significant inconvenience.

But is it one that could be a cause of action?

There was a substantial action involving a financial institution in this jurisdiction in just such a case in the last few years. Having finished my exams, I can of course no longer recall the name, sorry!

Lost house deeds: procedure

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