UK Property Law
Get UK Property Law Questions Answered by Experts
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).