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No Deeds

  • 21-05-2021 12:49pm
    #1
    Registered Users Posts: 61 ✭✭ Peppery


    Hi, has anyone bought a property where the deeds were missing? The estate agent is trying to fob us off and say it’s up to us to deal with it but should it not be the seller’s duty to redraft deeds? They did a search and took it off the market for a while to do search apparently.


Comments

  • Registered Users Posts: 510 ✭✭✭ Cal4567


    No, but I know someone who did.

    Let me come back to you as I'm just popping out. If an agent is saying that, just thank your lucky stars you are not paying them to act for you.


  • Registered Users Posts: 14,415 ✭✭✭✭ banie01


    Without Deeds or a land registry folio, no competent solicitor would complete the sale IMO.

    If the seller wants to sell?
    The sellers solicitor would need to reconstitute the property's title via deed or registry and only then can it be certain that the title is saleable without encumbrance.
    A property without clean title is likely unmortgageable too.


  • Registered Users Posts: 61 ✭✭ Peppery


    Thank you, I was sure I had in my head that they two sets of solicitors had to agree on the deeds being redrawn from the last time I was looking at houses to buy. She said something to us about us needing to get insurance.


  • Registered Users Posts: 510 ✭✭✭ Cal4567


    It started to rain so I didn't go out.

    The first option is for the existing owner, not the buyer, to carry out their own searches. They can either do this themselves, but most people use a solicitor.

    The land registry will have a record, if the land is registered. If it isn’t, which is not unusual across Ireland, and particularly if the land or property hasn’t been sold on over the last 50/60 years, then you need to check the register of deeds. This link explains all.

    https://www.prai.ie/registry-of-deeds-services/

    I’m told this is a fairly extensive database. Many have obtained copies of deeds this way. A lot of our land is still unregistered compared to other countries.

    In the example I am aware of, they were able to go back to the solicitors who they purchased the house with, although it was 40 years previously. They were quite lucky. A bank or lending institution may hold the deeds as well, if there is still a mortgage.

    I know of another example, which was over a land purchase, not a house, but the same principles applied. They were able to work out an actual ownership, due to neighbouring land owners deeds/land registry registrations.

    The final option if all this fails is I believe, to obtain a bond from an insurance company. It’s a bond to indemnify you as a property owner, if in years to come someone shows up saying they own the property. Unlikely, but that’s why we have insurance.

    Any good agent though should be advising the existing owner, their client, all this. Have you got a good solicitor lined up?


  • Registered Users Posts: 7 househope2021


    Hi there

    I'm wondering how you got on with this as I am going through something similar we are trying to buy our first home and there is missing deeds and not land registered. Its very heart breaking. Did you have any luck?



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