What to do if you lose your property's title deeds - Sachin Brar
Losing the title deeds to a property can be stressful - and even more so if the property is unregistered - but it’s a surprisingly common problem that requires action.
In England and Wales, an unregistered property means that the ownership is not recorded with HM Land Registry, so the physical deeds are the primary evidence of who owns it.
Around 15 per cent of land and property remains unregistered because it has been in the same ownership since before compulsory registration was introduced in 1990.
When transferring or selling unregistered land and property, you must provide the title deeds as evidence of ownership, but if these have been lost, which isn’t uncommon after more than 35 years, then an application to obtain a new set has to be made to HM Land Registry, and this will be subject to the special requirements they set.
However, before doing this, it’s always worth double checking that the property is indeed unregistered.
Many properties have been compulsorily registered over the years when they were sold, mortgaged, or inherited.
You can check this easily by ordering a “search of the index map” from HM Land Registry for a small fee. If the property turns out to be registered, you can obtain an official copy of the title register and plan, which replaces the old deeds.
If this confirms the property is unregistered, the next thing to do is carry out a thorough search.
Title deeds may be held by any mortgage lenders and in some instances, even if the mortgage has been repaid, they may still have the deeds.
Sometimes solicitors or conveyancers, that may have handled the last transaction, may still have them in storage, though many firms only retain documents for a fixed period.
On rare occasions, banks can also offer a safe-keeping service for important documents.
Alternatively, if the property was inherited, family members may have kept the deeds with other estate papers. It’s therefore worth making a few phone calls before assuming the deeds are lost forever.
Once you’re certain that the deeds cannot be located, you’ll need to gather other documents that support your claim.
These might include proof of previous transfers, mortgage redemption statements, any utility bills or council tax statements linking you to the address over time and statutory declarations from neighbours or family.
Once you have as much evidence as possible, you must complete Form FR1, the first registration application, and Form DL, which is a documents list.
You will also need to provide an account of the events that led to the loss or destruction of the original title deeds, usually in a statement of truth, or an ST3. An experienced solicitor can assist with all this.
The application process can be in-depth, as well as requiring significant input from conveyancers or banks and building societies, so you need to allow plenty of time to complete the process, and especially because there’s a lot that HM Land Registry needs to consider.
They’ll need to establish who had possession of the title deeds and where they were held when they were lost or destroyed, as well as why the person in possession had custody of the deeds, and when, where and how the loss occurred.
In addition, they’ll look at what steps have been taken to recover the deeds and whether the owner had any mortgage, charge or lien, which is a legal claim, on the property, at the time they were lost, or whether the deeds were left with any person, firm or body as security for any money or payment.
Another consideration is whether the applicant occupies the site, or receives rent and profits from it.
Finally, they need to know that the applicant is entitled to apply for registration as the legal estate is vested in them, or that that they have a right for the legal estate to be transferred to them.
Evidence to support the application can come in a variety of forms and because it’s such a complex area, it’s worth taking legal advice on how to prepare the application to ensure a successful outcome.
Once registration is complete, you will receive an official copy of the title register and plan.
These are digital records stored securely by HM Land Registry, so you cannot lose them in the future, but you should also keep your copy in a safe place.
Finally, it’s also worth setting up a HM Land Registry Property Alert which notifies you of any suspicious or significant activity on your property, including any fraudulent applications like new mortgages or changes to the property register.
Sachin Brar is a property lawyer in LCF Law’s real estate department.