Deeds held with previous solicitor

Rhino666

Hi

Had an offer accepted on a property and need to organise my current house sale, purchase, removals, conveyancing, etc.

The deeds of my current property and will are held with a solicitor from my former home town, used for conveyancing when I moved about 10 years ago. I will be instructing a local firm of solicitors to handle the conveyancing for convenience as well as cost savings.

Is there going to be any problem/cost associated with retrieving my deeds/will. What do people generally do with these documents ?

Thanks

kingstreet

They generally do what you did, lodge them with their solicitor.

Give your new solicitor written authority to ask the old solicitor to transfer them there, then you can decide what to do with them once the house purchase is completed.

RAS

Surely these days, the required information is at the Land Registry?

Op, I would be more worried about your will, if you made the old company the executors. Maybe a good idea to re-write the will with new executors who are individuals and can use a solicitor if they want, rather than seeing a lot of fees going out of the estate automatically.

kingstreet

RAS wrote: »

Surely these days, the required information is at the Land Registry?

Op, I would be more worried about your will, if you made the old company the executors. Maybe a good idea to re-write the will with new executors who are individuals and can use a solicitor if they want, rather than seeing a lot of fees going out of the estate automatically.

If it's an older property, there might be an envelope full of useful stuff you don't want to lose, like guarantees for damp course etc. I keep mine at home, but each to their own...

Rhino666

Having to learn fast on the procedures here and thanks to those who are assisting. Deeds are required by the solicitor doing the conveyancing to complete a sale.

I guess there is no problem with keeping deeds yourself. Probably wise to hide them in a fireproof safe somewhere.

kingstreet

RAS is referring to the newer practice of property being conveyed with a simple Land Registry transfer form where there's no need for the old deeds pack. Newer property and registered land can be done this way. If it's an older property that isn't registered, you'd still need the deeds.

googler

Your new sol should get you to sign a mandate instructing the old sol to release the deeds to the new. They shouldn't charge for it.

RAS

Rhino666 wrote: »

The deeds of my current property and will are held with a solicitor from my former home town, used for conveyancing when I moved about 10 years ago.

A property bought 10 years ago should be with the Land Registry.

timmyt

RAS wrote: »

Surely these days, the required information is at the Land Registry? we find that statement delays a deal as deeds can comprise more than a copy of the Land Registry title page, and can include:

1. the historic property deeds, going back decades
2. the Home Information Pack
2.5 the EPC
3. the old Property Information Form
4. the old Fixtures and Fittings Form
5. any property guarantees
6. any new build warranties (i.e 10 year NHBC, Zurich)
7. any Planning Permissions
8. any Building Regulation Consents
9. In Leasehold transactions –
a. the Lease
b. Articles of Association
c. 3 years Service Charge Accounts
d. Management Information & Rules

Op, I would be more worried about your will, if you made the old company the executors. Maybe a good idea to re-write the will with new executors who are individuals so many clients ask for a lawyer to be an executor so they do not have to pick which relative, and the lawyer can act as a referee AND being an executor is a life long obligation not to be imposed on a laymen lightly. Get the tax wrong, overlook a potential beneficiary, overlook an asset, overlook a debt, and it can all haunt you in the future as you can end up personally liable. and can use a solicitor if they want, rather than seeing a lot of fees going out of the estate automatically.

more to the points you make than you think