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Thomas
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my deeds to extra land purchased at rear of my house were lost

Resolved Question:

my deeds to extra land purchased at rear of my house were lost by conveyancer it now appears not to be registered I purchased this land 24 years ago. I am now in the process of selling my house is this going cause problems
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

If the deeds have been lost and the extra land is not registered then you will have to apply to the Land Registry to have this registered in your name by producing statutory declarations from you and others who can speak to the fact that you purchased the land.

 

You will receive what is term "possessory title" of the land, which is slightly different to the absolute title that one receives when you are able to produce the deeds to effect first registration. In this case the proprietor of the possessory title can apply to have the title upgraded to Title Absolute after 12 years if no person has attempted to register the land by using the deeds. Once you have title absolute the title is perfected and no-one can challenge your ownership.

 

You (or your successor in title - ie. The buyer) would receive notice of any person seeking to register title absolute if you have possessory title.


Ultimately, it's for the buyer to decide and they would ask that you pay the costs of an indemnity policy for lost title deeds (cost around £150-250 depending on the value of the landl), but if the land is only additional land to the actual property I would mildly surprised if they pulled out. Each person is different though.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6046
Experience: BA (Hons), PgDip, Practising Solicitor
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