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  • FIRST POST
    • UncleTony
    • By UncleTony 8th Aug 18, 8:37 PM
    • 2Posts
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    UncleTony
    Buying a house , seller only has a archive copy of the deeds!?
    • #1
    • 8th Aug 18, 8:37 PM
    Buying a house , seller only has a archive copy of the deeds!? 8th Aug 18 at 8:37 PM
    HI all, I'd be very grateful if you could please advise , I'm in a very similar circumstances to a thread on this forum however with a slight difference that the solicitors do not have the original deeds, just a copy.

    I'm half way through the process of buying a 1969 property that the previous late owner had owned from new, sadly passing away handing over to his son for resale.

    Unfortunately finding out today that the sellers solicitors are unable to present the contract to instruct my solicitors to carry our searches due to the their solicitors misplacing the original registered deeds. They do however have archived copies.

    Currently there's a lot of uncertainty on how long it will take for the deeds to be registered with HM Land Registry and if it will effect my mortgage offer which is valid for 3 months.

    Additionally I've already invested 2K made up of mortgage brokers , solicitors and surveyors fees. Is it likely I will risk loosing both property and my initial investment?

    Thanks in advance.
Page 1
    • G_M
    • By G_M 8th Aug 18, 9:38 PM
    • 45,522 Posts
    • 54,674 Thanks
    G_M
    • #2
    • 8th Aug 18, 9:38 PM
    • #2
    • 8th Aug 18, 9:38 PM
    ...... the sellers solicitors are unable to present the contract to instruct my solicitors to carry our searches due to the their solicitors misplacing the original registered deeds. They do however have archived copies.
    I'm guessing you do not mean this. If there are 'registered deeds'then all that needs happen is for your solicitor to review the deeds registered with the Land registry.


    Currently there's a lot of uncertainty on how long it will take for the deeds to be registered with HM Land Registry and if it will effect my mortgage offer which is valid for 3 months.
    I assume in fact the property is unregistered?
    If there are no original paper Deeds available, then
    a) it will take time to register the property (asuming you and the seller want this done before purchase - it does not have to be), and
    b) the title will not be 'Full Title guaranteed', but 'Limited Title guaranteed ' since the Land Registry cannot be 100% sure the seller actually owns the property.


    Additionally I've already invested 2K made up of mortgage brokers , solicitors and surveyors fees. Is it likely I will risk loosing both property and my initial investment?
    Yes.


    Thanks in advance.
    Originally posted by UncleTony
    .................................................. ..................................
    • UncleTony
    • By UncleTony 8th Aug 18, 10:09 PM
    • 2 Posts
    • 0 Thanks
    UncleTony
    • #3
    • 8th Aug 18, 10:09 PM
    • #3
    • 8th Aug 18, 10:09 PM
    Thanks G_M for your response, apologies yes as I understand they are registered deeds but they only have copies hence have lost the orignals. You mentioned my solicitors would need to review this with the Land Registry.

    Would you happen to have an approx on how long this process normally takes please?

    Thanks again
    Tony
    • tealady
    • By tealady 9th Aug 18, 5:48 AM
    • 2,858 Posts
    • 3,503 Thanks
    tealady
    • #4
    • 9th Aug 18, 5:48 AM
    • #4
    • 9th Aug 18, 5:48 AM
    Hi
    If the property is registered with the Land Registry then the register can be downloaded by any one (including yourselff). Cost is only a few pounds.
    I would suggest you go onto the land registry website (go via the gov.uk site to make sure you get the right one)
    HTH
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  • Land Registry
    • #5
    • 9th Aug 18, 10:53 AM
    • #5
    • 9th Aug 18, 10:53 AM
    I think the term 'registered deeds' is making responding tricky here.

    My reading of your OP is that the owner died and the property is unregistered since he bought in 1969 when the area was probably not subject to compulsory registration.

    As such the original (not registered) deeds are need to prove his ownership. The son will need probate as well to execute any transfer now.

    The solicitor who was holding the original deeds cannot find them but has an archived record of some description.

    If that is the case then someone will need to make an application for first registration based on evidence which confirms the above and a bit more - see our PG 2 for guidance

    In my experience, and combining the fact that the owner is dead and the unregistered deeds lost, your solicitor won;t advise you to complete. They will want the son to register the title first.

    As tealady posts you can check online to see if it is registered. If the search result is a negative one you can be 99% certain it is unregistered
    You can also check section 8 of PG1 to see when the area became subject to compulsory registration. If that was after 1969 then that again points very strongly to it being unregistered
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