Misplaced Deeds by Estate Agent.

Legacy_user

I have just been talking to a friend who has their house for sale. There has been a bit of interest and they are optimistic of a sale. When they bought the house around 1984, for whatever reason, they left the Deeds with the Estate Agent for safe keeping and have a letter/document from the Estate Agent confirming this.

They have recently informed the Estate Agent that they will soon be requiring the Deeds. However after a few searches, the Estate Agent has failed to locate them. My friend has been told "not to worry as they will be found".

I am wondering if anyone might like to suggest a course of action as in my opinion, this is something quite important and shades of incompetence are on my mind.

We will welcome any input please.

Dan-Dan

Isnt it all done electronically now , via land registery ?

antrobus

Dan-Dan wrote: »

Isnt it all done electronically now , via land registery ?

It was not until 1990 that the whole of England and Wales came under compulsory registration. So it's perfectly possible that something acquired in 1984 wasn't registered.

islandman wrote: »

....I am wondering if anyone might like to suggest a course of action as in my opinion, this is something quite important and shades of incompetence are on my mind..... .

Quite important? Well yes, given that if the land isn't registered, then the deeds will be needed to prove legal title. Without the deeds, your friend can't sell the property, as they will merely have possessory title and have to wait 12 years to re-establish legal title.

But they should check that with a solicitor.

System

PLEASE NOTE!. I have just phoned my friend to tell her of your comments and to read my original post. It seems I misunderstood. They didn't leave the Deeds with the Estate Agent, they left them with their SOLICITOR and it is THEY who cannot locate them.

I'm sorry about the wrong information, but I honestly thought it was as I described.

BUT, whilst there is still the word incompetence on my mind, somehow as the Deeds are in the hands of the solicitor, even though misplaced, it doesn't appear half as worrying.

Again, we would welcome your thoughts.

ILW

islandman wrote: »

PLEASE NOTE!. I have just phoned my friend to tell her of your comments and to read my original post. It seems I misunderstood. They didn't leave the Deeds with the Estate Agent, they left them with their SOLICITOR and it is THEY who cannot locate them.

I'm sorry about the wrong information, but I honestly thought it was as I described.

BUT, whilst there is still the word incompetence on my mind, somehow as the Deeds are in the hands of the solicitor, even though misplaced, it doesn't appear half as worrying.

Again, we would welcome your thoughts.

At least you know a solicitor will have some sort of insurance if you need to sue them for any losses.

Land_Registry

The issue of who held the 'deeds' can be important if recourse is being sought but the issues outlined by antrobus above should be the starting point.

You can check our online Practice Guide 51 for the administrative area where the property is and check the compulsory registration date listed against it - if the date is prior to 1984 then the property should be registered and the deeds should not be needed to prove ownership, which tends to be the key reason for keeping them.

If you want to check if the property is actually registered then you can use our online FAQ to either check online (£3) or by post (£6). If it is registered then the register should be available to view online. Read the FAQ for an understanding of what information is usually available.

G_M

The Land Reg link for checking registration (£3) is here.

If registered, the 'Deeds' are redundant (though historically interesting). There may, of course, have been other documents with the Deeds.

DaftyDuck

Old deeds on older properties are often fascinating, and I'd be mighty pe-d off if my solicitor lost them.

I would agree with the above.... they may well not be needed if the property is registered. If they are needed, all should be easily fixable. A solicitor will, if he knows what is good for him, ensure any necessary rectifications are made swiftly and at no cost. Were the deeds with an Estate Agent, I wouldn't feel so comfortable myself (and easy mistake to make, O.P. )