You can sue if title deeds are destroyed

HOMEOWNERS could have unwittingly had the title deeds to their homes destroyed, as legal experts warn they could claim for damages.

This newspaper has been made aware of a number of cases in which paper versions of original title deeds have been destroyed by mortgage companies consolidating their records.

Title deeds are stored electronically by the Land Registry, meaning the paper versions rarely hold material value.

For years, mortgage lenders have been in possession of paper versions of title deeds. However, these have been gradually handed back to owners. In 2001 it was reported that banks were destroying original title deeds relating to customers’ homes.

But writing in today’s Daily Telegraph Bertram Maddocks, a retired judge, said homeowners who feel their title deeds held material value and have been destroyed should claim for compensation from the mortgage lender.

In one case the owner of a 500-yearold house was furious to discover his title deeds had been “dematerialised” by his mortgage company. But according to Mr Maddocks, the deeds may have held material or historical value, meaning there may be a valid claim for redress. Loss of title deeds can result in neighbourly disputes over land.

David Smith, of the Residential Landlords Association, said: “I have seen cases where title deeds needed to prove which neighbour owns a strip of land in between houses cannot be located. The Land Registry doesn’t always include minor details like this, so having the original title deeds or not can result in big problems.”