house deeds destroyed

ZCC72

theGrinch wrote: »

Read the original post! the title deeds were burnt again!

Given that is reasonable to assume that it is registered and they live in a "normal" house rather than complicate it.

If the last transaction on the property was many many years ago and the property is unregistered (rare these days) then the biggest problem is not necessarily absent title deeds - which can be overcomed - but if the OP's OH has an interest in the property then the biggest problem is simply refusing to sign any authority to permit sale thereof.

Mr Grinch, with respect, if Title Deeds to an unregistered property have been lost/burnt, etc, then it is a problem, as stated by neverdespairgirl. Reconstitution will be required, and if this cannot be done, then chances are they will only be able to sell with Possessory Title following the execution of Statutory Declarations. This makes buyers (and lenders) jumpy, and Indemnity Policies will be required. A sale could therefore prove difficult in the current climate.

If, however, one party refuses to sell, then one can simply obtain an Order forcing sale, or alternatively, the Courts can sign on their behalf.

In this instance, I would recommend that the OP check with the Land Registry (either on-line, or if you need help, then call 08709 088063) that the property is registered. If so, there is no need to worry. If not, repost & we can discuss what is your best option.

(Whilst I am a Conveyancer, the above does not constitute legal advice, and I only owe a duty to my fee paying clients!)

p.s. Unregistered properties are not a problem! I deal with them regularly, rural properties that have been in the same family for years, for example, and also freehold titles to registered leaseholds, again not a problem. It just means that no transaction has acted as a trigger to force registration. Us conveyancers like to get our teeth into meaty titles from time to time!

neverdespairgirl

ZCC72 wrote: »

p.s. Unregistered properties are not a problem! I deal with them regularly, rural properties that have been in the same family for years, for example, and also freehold titles to registered leaseholds, again not a problem. It just means that no transaction has acted as a trigger to force registration. Us conveyancers like to get our teeth into meaty titles from time to time!

When my parents bought their (unregistered) house, it just took a bit longer for the title to be traced. Not a problem, just took more time and effort.

crisp

it all comes down to what you define as a "problem" - if delays are acceptable then registered or unregistered it makes little difference as there are ways to resolve it from my experience.

here the two problems are 1) a terrible market 2) any part owner refusing to sign authority to sell.

the refusal can be a real and long drawn problem with the courts involved; especially if say dependents are also involved.

ZCC72

Registered or unregistered make very little difference in the Conveyancing - certainly, if you are using an experienced conveyancer, then it should take no longer than using a registered title, unless there is a problem with the proeprty - such as lack of access, etc, but then you also get these with registered titles. The process takes as long as it takes!!

Conveyancing is a complex process, and cannot be approached like a fast food restaurant! Sometimes it takes longer to get the job done properly - and if it is done quickly, and can lead to problems with a sale in the future! We are, at the end of the day, there to help clients achieve what they want, not to hinder them!!

I agree that going through the Courts to obtain signatures can be a lengthy process, but it is at least a solution to a very emotional problem.

I think we have veered off topic though! I hope that the OP has managed to ascertain if the property is registered or not - and has no difficulties in the sale, bearing in mind the current market!