Question about house deeds and time to get them

davemorton

Part of the way through purchasing a house. It is a probate sale. The family can not find the unregistered deeds. If they do not turn up, what sort of time scale are they looking at at getting new deeds?
Many thanks for any responses.

Davesnave

This is a question for the Land Registry Rep's thread.

Even then, it's very much a "How long's a piece of string?" question. You will probably get examples thrown at you here, which may be totally different in terms of time needed.

For example, when the heirs to an estate near me couldn't find the document relating to valuable fishing rights, it took them about 2 years to have them proved and recreated at the LR.

Does that make you feel any better?

Tiglet2

This could take some time. First of all, it would be quicker if the family finds those deeds (possibly still lodged with a lender or a solicitor?), otherwise before they can sell the property, the family need to be able to prove that they have the right to sell. In unregistered properties, the solicitor goes through the various conveyances/transfers linking all the sale/purchase transactions over the previous years so that they can ascertain that the property is rightfully owned by the current seller. Without those documents, it would be difficult to prove that the family actually owned the property, let alone trying to sell it. It may be that Land Registry would grant possessory title upon receipt of evidence of ownership and then they would sell to you with possessory title rather than absolute title. I think you would then have to wait 12 years before gaining absolute title.

Hopefully someone with more knowledge will come along to advise you.

Mickyboy52

Deeds were in wife’s name as was all services as I was always forgetting things, wife passed away 2 years ago no will as she passed before will could be signed, have deeds but need to sell house now help.

G_M

davemorton wrote: »

Part of the way through purchasing a house. It is a probate sale. The family can not find the unregistered deeds. If they do not turn up, what sort of time scale are they looking at at getting new deeds?
Many thanks for any responses.

If the property is unregistered, the Land registry will not have any deeds or records of the property.

I'm not sure how the owner could 'get new deeds'? I guess they would have to obtain paperwork from the previous owners from whom they purchased, to prove that thy did indeed purchase from them.

However, that would not prove that the previous owner actually owned (and could therefore sell), so you'd also need proof of the sale before that, and the sale before that.

Prior to electronic registration, that is how ownership was established, and hence the importance of paper Deeds going back in time.

You can therefore see the difficulty in 'getting new deeds'!


You need to discuss with your conveyancer.

xylophone

Deeds were in wife’s name as was all services as I was always forgetting things, wife passed away 2 years ago no will as she passed before will could be signed, have deeds but need to sell house now help.

Your wife died intestate two years ago - did you get letters of administration then? Or not?

https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

https://www.gov.uk/inherits-someone-dies-without-will

AnotherJoe

Mickyboy52 wrote: »

Deeds were in wife’s name as was all services as I was always forgetting things, wife passed away 2 years ago no will as she passed before will could be signed, have deeds but need to sell house now help.

Mickyboy its a common situation and your solicitor will be able to deal with it as part of sale. The issue would only arise if you didnt have the deeds.

AnotherJoe

davemorton wrote: »

Part of the way through purchasing a house. It is a probate sale. The family can not find the unregistered deeds. If they do not turn up, what sort of time scale are they looking at at getting new deeds?
Many thanks for any responses.

If this is not your dream house, start looking for another.
If this is your dream house, start looking for another.

2cherriesmum

The Conveyancing Solicitor should be able to create an "Epitome of Title". To do this they will use an other supporting docs they can to establish ownership, and therefore the right to sell.

Sharonella

LR have a specific guide for lost title deeds - https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed


The seller can try to obtain Possessory title before the sale, it will take a few weeks and may need a survey. They can request it be expedited if its holding up a sale. Then they can pay for an insurance to protect you as the buyer, you will need to discuss this with your solicitor.


Once registered, you can buy it as a registered property (albeit possessory) and upgrade it to Absolute in 12 years.

Rambosmum

Happened to us. 7 weeks and not a sniff. We gave up after 9.