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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6466
Experience:  BA (Hons), PgDip, Practising Solicitor
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Is waiting 4-5 weeks for the return of property deeds from

Customer Question

Is waiting 4-5 weeks for the return of property deeds from building society about the right lenght of time?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Is the property registered at the Land registry with it’s specific title number
Kind regards.
Tom
Customer: replied 3 years ago.
Yes, but as I have previously stated the solicitor in 1994 told me they had been informed and she sent relevant paperwork to building society to add to deeds. So I have the number etc from land register, have already contacted them who have confirmed to me that the land has not been registered (I know I can do this on-line), but I need to check my deeds to see if she has sent this paperwork to the deed store before proceeding any further.
Expert:  Thomas replied 3 years ago.
Okay.

What specifically do you need to know from the deeds?

Tom
Customer: replied 3 years ago.
If the adverse possession of land has been added to the deeds. The land register has already told me that no-one has claim the land ( a VERY small piece of land).
Expert:  Thomas replied 3 years ago.
Ok.

Have you claimed adverse possession of the land formally

Has an application using the Land Registry been made to register the land by LR Form ADV1?

Can you give me a few more details about the chronology of claiming the land?

Tom
Customer: replied 3 years ago.

the solicitor in 1994 was supposed to have done this. I have receipt but have not got the affit-davit that the previous owner gave, and he is no longer alive. The said solicitor has retired and obviously their office no longer has any paperwork on it. I did scan things into my computer, but onto floppy discs which I cannot find, and even so no longer have the software to read them.Land Register told me things had changed since 2003.I could go back to their office with the receipts I have (but am no longer confident) I just wanted to know was it reasonable length of time to wait for my deeds to be returned to me waiting up to 2 months as building society have told me on Monday?

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

It’s curious because if your property has been registered at the LR (which you say it has) then most of the relevant “deeds” (ie. previous conveyances, assets, grants of probate) would have been required to be sent to the LR in order to effect first registration. The relevant details would have been taken and then noted on the registered titles before being dematerialised by the LR (ie. destroyed), so usually in these circumstances I would not expect the lender to actually hold any more documentation.

In any event 4 weeks is still at the far end of a reasonable time for the building society to take details of your enquiry, check their historic records before releasing them and sending them to you in the post. When it gets to 6 weeks I would say that it is taking too long but practically there is little you can do to hurry them up because you suffer no financial loss and, even if you did, there would issues of the directness of loss which would make it difficult for you to claim any monies from them.

Press and harry them though, this tends to work with mortgage companies and your account with them will be flagged as urgent if you make your discontent known to them.

Sorry it could not be better news.


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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you I suspected as much...I only have 4 properties and this is my 3rd in which different solicitors have done something. 1 is now in prison (embezzlement) and I had to employ someone else give them power of attorney, another's office closed down and we had to search deed stores for them, my new solicitor is on holiday and has those, so given all these circumstances I want them in my hands and am going to install a safe.......do you think I'm jinxed??????/LOL
Customer: replied 3 years ago.
Actually I did if you think about it suffer financial loss as I paid the solicitor to do this work also had to pay for the affit-david, ok it was only about £250 but in those days it was a lot of money and I know I can sort it out now, but it is the principal of the matter. I know what ever I will eventually get everything sorted out....
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.

Sorry I was looking for the paperwork, the solicitor only verbally told me not to worry all relevant parties have been informed to quote from her invoice "I think it would be advisable for the statutory declaration which I drew up to be kept with your deeds" and to let them know where they were along with account number.

Land register told me they had no claim on land.

Last question shall I just go ahead and go to land register to claim land once again?

Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
Thank you very much, I think having waited this long a few more weeks will not make any difference. Forgot to say on Monday I dashed off to go to building society where I met the manager (taped conversation) as I thought they had told me it would only takes a few days, not weeks for them to send the deeds to me!
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
Cheers
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.

Hi Thomas
Thank you for your help, I have now received the deeds from building society, and the statement of declaration that myself and the previous owner
was there. I went down to land register with form filled in (unfortunately the wrong form) however they did say the I would have to use a solicitor
(not sure why); and to be fair neither did my solicitor. He could not understand why the other solicitor had not done what I paid her to do. As
you know the law of adverse possession has changed in 2003-ish. So I am going to have to done another statue of declaration, and then proceed with
the claim. So once again, I will be paying out! I have full intentions of taking this matter further, not really for compensation, but to ensure 'us
poor victims' have some sort of insurance for what I feel is mal-practice, or negligence at least. I only own 4 properties the first you know about,
the second was bought on my behalf whilst I was in hospital, but then the law company I dealt with dissolved and we had to search for the deeds,
another is now in prison for embezzlement, and I had to hire another solicitor to act on my behalf, the last one was ok!!!!!!!!!!! OK, they may have copies on the 'electric' deed store, but some older properties have various additions and restrictions that have been added/amended too. I am now in the process of obtaining all my deeds and storing them in a safe...at least I will know what's on them and where they are! To re-iterate I do not really want any compensation as such, but it worries me that how many other people have/are in a similar situation. From a hand full of people I've spoke to, nearly half have had problems....and at the end of the day, this is my pension. .. I didn't trust the government either, especially after Equity and Life went 'bust' So I will probably go to the ombudsman with my little episode..I may ask for your advice then, if it's possible or if I am going to the right people

Regards
--
*Cherrill*

Expert:  Thomas replied 3 years ago.
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