Release of Title Deeds - Scotland

crashedandcool

Sasines only house title deeds held by a solicitor we are not using for confirmation. Won't release them to me as executor and wants a mandate from the solicitors we are using. Normal?

buddy9

There is some guidance about the use of mandates on the LSS website.
https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-b/rule-b3/guidance/b3-mandates/

user1977

Are you using a solicitor? If so, it doesn’t sound a problem.

Also bear in mind you can always get copies from the registers.

crashedandcool

user1977 said:

Are you using a solicitor? If so, it doesn’t sound a problem.

Also bear in mind you can always get copies from the registers.

Ah good to know. It's more I've been informed that they should release them to me in person free of charge which they've not instead now saying they need confirmation to release them and communication of this via my solicitor. Also that I house deeds are not required for obtaining confirmation.

user1977

Getting a Legal Report (i.e. a search from the registers) might be prudent to check what the current position actually is ("the deeds" don't necessarily contain everything) e.g. whether there have been any transfers of title or securities over the property. But you're unlikely to need the full set of titles until you come to transfer the property to a beneficiary or sell it.

crashedandcool

user1977 said:

Getting a Legal Report (i.e. a search from the registers) might be prudent to check what the current position actually is ("the deeds" don't necessarily contain everything) e.g. whether there have been any transfers of title or securities over the property. But you're unlikely to need the full set of titles until you come to transfer the property to a beneficiary or sell it.

Full set of titles? If I get a copy of the deeds from the registers isn't that all I need for confirmation then selling the property? The house was owned outright, no security against it.

user1977

crashedandcool said:

user1977 said:

Getting a Legal Report (i.e. a search from the registers) might be prudent to check what the current position actually is ("the deeds" don't necessarily contain everything) e.g. whether there have been any transfers of title or securities over the property. But you're unlikely to need the full set of titles until you come to transfer the property to a beneficiary or sell it.

Full set of titles? If I get a copy of the deeds from the registers isn't that all I need for confirmation then selling the property? The house was owned outright, no security against it.

Yes, but you'll need sufficient deeds to form the prescriptive progress (i.e. ownership going back at least ten years), any other deeds which might be referred to for description, any deeds containing burdens (i.e. title conditions), any deeds for bits which have been sold off, etc.

And it's the search which evidences that there really is no security against it (executors will sometimes get surprised by that - hardly unknown for long-paid-off mortgages not to have been discharged on the registers).