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Lost Deeds

Hi, I have bought a building plot which was part of a garden. The garden was sold in 2007.

I am looking to buy another part of the garden, but the seller can't find the deeds & the house is not registered with Land Registry.

My question is when the land was sold in 2007 Land Registry would have seen the deed to the house & garden so if they have this on record is there any need to produce the deed again? (The person selling the part of the garden is the same person who sold in 2007)

Comments

  • booksurr
    booksurr Posts: 3,700 Forumite
    ask the land registry rep when they come back on Monday
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    So are you buying part of the garden that was sold in 2007 or a part of the garden that was kept by the original owner?

    Has the owner checked with their solicitor? The Land Registry would have had to had sight of the documents for the 2007 transaction and there may be copies stored by them. However, they would only keep things that relate to the piece of land in question. If, for example, there is a right of way over the piece of land you are buying but that didn't affect the land sold in 2007 then they would not necessarily have to record it.

    It would need to be produced again, as a lot can happen in 10 years.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yup - depnds if the LR retained the Deeds following the sale in 2007.

    The land purchased in 2007 would be registered, and any documents relevant to that land would have been recorded/retained.

    The Deeds for the unsold property (and its remaining land) and asociated documents that related soley to that, would almost certainly not have been retained.

    So if, for example, the lost Deeds showed a ROW over the land that was not sold in 2007, that may well not be recorded by the LR.

    Plus, of course, (some of) the land may have been sold between 2007 and today, or some other change may have occurred.
  • Land_Registry
    Land_Registry Posts: 6,317 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    As the register is held electronically we are not a deeds repository so the original deeds/documents would have been returned to the applicant when the land was first registered. I would start my search with them.

    Yes, as others have posted, we may keep a copy of a specific deed/document as appropriate, especially if it contains rights/covenants relevant to the land being registered and referred to on the register.

    Otherwise it will be the application form , a list of documents lodged and a copy of the deed inducing first registration (the legal deed confirming the sale/purchase) alone which we would have on record

    The list of documents lodged may also be of interest here so at least they know what they are looking for. You can apply for a copy of the list (Form DL) by post

    As far as registering what is left is concerned we will need those deeds/documents again.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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