I need a copy of my Deeds

Mr_Moneypenny

I need a copy of my Deeds, to check the details of a covenant that my neighbour is in breach of. Their house is an unregistered title, so their Deeds are not with the Land Registry. My title document refers to this covenant and the fact that there is no copy with the Land Registry. There must be a copy of it with my Deeds, but I have no idea how to access my Deeds. My mortgage is still midway through the term and when the purchase of my house completed, my conveyancing solicitor sent the Deeds to the mortgage provider. I have since obtained my conveyancing file from the solicitor and there is reference to the Deeds being sent to the lender, Abbey/Santander. I rang Abbey, asking if they could send me a copy of my Deeds but was told that banks no longer keep Deeds and that they have been through a 'dematerialisation process' - which sounds alarmingly like shredding to me? I was not able to get past the initial member of call centre staff, who sounded as though she was trying to fob me off and get me off the phone. We kept going round in circles, she told me to contact the Land Registry and said my Deeds were with them (which they're not and they do not have a copy of the relevant Conveyance). She then told me to contact the conveyancing solicitor and told me the Deeds would be with them. I told them that they were not and that I had obtained my conveyancing file which showed that the Deeds were sent to them in 2007 but she then said that they don't keep Deeds for people and that they would have been sent (back?) to the conveyancing solicitor. This doesn't make sense, since Abbey charge a fee for returning Deeds at the end of the mortgage term so, surely, they wouldn't have destroyed my Deeds or sent them away without telling me? I spoke, again, to the Land Registry who told me again that they don't have copies of the relevant conveyances - so I'm stuck. I need copies of these documents, they are relevant to my house and I should be able to get copies of them, but nobody seems to want to help. Any ideas, anyone?

~Beanie~

Are you sure they haven't sent them back to you at some point? Halifax sent me mine c2004 even though my mortgage is still running. The lender no longer need the paper copies once they have been registered with the Land Registry.

Mr_Moneypenny

No, they've definitely not sent them back, I'm absolutely sure of it.

TrickyDicky101

By 2007 the deeds would have been irrelevant with electronic registration at the Land Registry. So it's quite possible Abbey/Santander would not have been in a position to receive the deeds had your solicitor sent them. I don't think you have cause to be angry at the bank - it sounds more like a screw up by your previous conveyancing solicitor.

Mr_Moneypenny

How can I find out what happened to the Deeds - they must be somewhere?

Land_Registry

Can you clarify what you mean by
My title document refers to this covenant and the fact that there is no copy with the Land Registry.

Does the register refer for example to the actual wording of the covenant but what is missing is the covenanting clause or a plan for example?

Mr_Moneypenny

There are 2 conveyances on my Deeds which my house has the benefit of. My neighbour is in breach of the covenants but a solicitor has told me that he can't enforce the covenants, without seeing the exact wording on the conveyances - which are not available - to be sure of the technical/legal wording. All that is available on my title document is a list of what the covenants restrict, but not the technical (legal) wording. He said that without the original paper conveyances, the covenants are not enforcable - which rather makes a mockery of the law.

Land_Registry

Thanks for clarifying although that's explaining it from your solicitor's angle so not quite what I wanted to know

If you are happy to do so then email us at customer.service@landregistry.gsi.gov.uk with the specific details and I will take a look and explain things from a registration angle.

You may have already done this but it may help if I can add something here that will complete some of the picture for others?

I'll edit out the email address once an email is received or if you post again saying no thanks for example

Mr_Moneypenny

Thanks, I've sent off an email.

There is another property which benefits from both missing Conveyances and the owners have the original documentation in their posession. I've been told (by solicitors) that if I approach the owners directly, they're not obliged to let me see the documents or provide copies, but I don't know if it's possible for the Land Registry to approach them to ask for copies to be supplied? One of the Conveyances involves 5 properties, so there will be others who need to access these at some time.

In answer to your previous question, the note on the title document for one of these reads:
'NOTE: No copy of the conveyance referred to is held by the Land Registry.'

Land_Registry

Mr_Moneypenny wrote: »

Thanks, I've sent off an email.

There is another property which benefits from both missing Conveyances and the owners have the original documentation in their posession. I've been told (by solicitors) that if I approach the owners directly, they're not obliged to let me see the documents or provide copies, but I don't know if it's possible for the Land Registry to approach them to ask for copies to be supplied? One of the Conveyances involves 5 properties, so there will be others who need to access these at some time.

In answer to your previous question, the note on the title document for one of these reads:
'NOTE: No copy of the conveyance referred to is held by the Land Registry.'

I think I have found the email although no mention of MSE or this thread has been made - I'll respond though as around the same time as your post this morning.

The NOTE is usually added where we receive a request for a copy and we discover that no copy is held on file. As such we add the note and advise the applicant that we don't have a copy but if they have one or know of someone who does then they should let us know.

In cases where someone else holds a copy and we are notified will write to that person in an effort to obtain a copy and 'repair' the record/file

Mr_Moneypenny

Sorry I meant to refer to this blog in my email but got caught up in the various details of the Conveyances. My neighbours in the unregistered property also have a copy of one of the Conveyances.

It would be wonderful if you were able to obtain copies of these.