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Q AWhat do I do if my property is unregistered and I have lost the title deeds?

Title deeds are vital for any sale of an unregistered property. Therefore, the first step is to search thoroughly at any locations where they could have been misplaced. If the property was subject to a mortgage at any time, the deeds could be kept with the lender. The solicitors who acted on your behalf when you purchased the property may also hold these documents.

If the title deeds are still not found, it is possible to make an application to HM Land Registry to reconstruct the title to the property – although this is a lengthy process and therefore best used as a “worst-case scenario” option.

Each application is assessed on its individual facts, however, generally the application would need to include the following: How the deeds have become lost or destroyed; who held the deeds prior to them being lost/destroyed; what steps have been taken to ascertain their location; details about the property including details of how and when the owner came to acquire the property and details of any rights, restrictions, obligations or mortgages affecting the property; evidence of the identity of the applicant and their ownership of the property; location of the property; any known restrictive covenants, easements, charges and rights affecting the property.

Usually, the application would also include a set of sworn Statements of Truth along with as much supporting evidence as possible, eg plans showing the location of boundaries and copies of any historical title documents. It will be necessary to attempt to notify the Land Registry of any known restrictive covenants, easements, charges and any other rights which may affect the property.

The aim here is to build a portfolio of evidence to the standard required by the Land Registry. That is, showing at least 12 years of ownership.

You must provide your solicitor with as much information as possible in order for them to assess whether an application would be able to be made to reconstruct the Title. This standard is very high and therefore requires a significant amount of evidence to prove.