Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Transfer / Lease of Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
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First Registration of title where Property Deeds have been lost or destroyed
Account of events leading to the loss or destruction
Land Registry requires a full, factual account of the events that have occurred leading to the loss or destruction of the deeds and other matters relevant to the title. The person with the best knowledge of the particular matters described should give the account.
It follows that the account Conveyancing Solicitors and Property Lawyers supply may well consist of a number of statutory declarations, statements of truth or certificates by:
- the applicant
- one or more Solicitors
- an official of a bank or building society.
For example, where the deeds have been lost while in the custody of a bank and a Solicitor recently examined the title, the Solicitor should give a certificate or declaration as to title and an official of the bank should account for the loss.
The account will need to establish:
- who had possession of the deeds and where they were held when they were lost or destroyed
- why the person in possession had custody of the deeds, eg were they held for safekeeping or as security for money owing or under a lien
- when, where and how the loss or destruction occurred
- what steps have been taken to recover the deeds
- whether or not at the time of the loss the owner ha created any Mortgage, Charge or lien on the Property or deposited the deeds with any person, firm or body as security for money
- whether the applicant is in occupation or in receipt of the rent and profits
- that the applicant is entitled to apply for registration as the legal estate is vested in them (or they have the right to acquire the legal estate to be vested in them
The account should be normally in the form of a statutory declaration or statement of truth. However, Land Registry will accept a certificate from Conveyancing Solicitors and Property Lawyers or suitably authorised official of a bank or building society, giving an account of the loss or destruction of deeds that were in their custody. The Conveyancing Solicitors and Property Lawyers should sign the certificate personally, not in the name of the firm.
Reconstruction of Title
To support the account of the loss or destruction of the deeds Conveyancing Solicitors and Property Lawyers should attempt to reconstruct the title to show how it has devolved to the applicant. The nature and quality of the secondary evidence will vary but they should submit the best evidence they can. It is impossible to cover every situation in this section but the following suggestions may help when preparing this type of application.
Contents of deeds and execution
The best possible secondary evidence of title is a certified copy or completed draft of the Conveyance, transfer or assignment to the applicant (and any subsisting Mortgage) coupled with certified copies, completed drafts or examined abstracts of the deeds forming the earlier title. Wherever possible, copies should be certified as true copies and abstracts should be marked as examined by a Solicitor.
The copy deeds should be supported by a statutory declaration, statement of truth or certificate, as mentioned in section: Account of events leading to the loss or destruction, establishing as far as possible:
- that the title has been investigated in the normal way
- the source from which the copy deeds have been obtained
- that the Conveyance, transfer or assignment to the applicant (and any Mortgage) were properly executed and adequately stamped.
If all copies, drafts and abstracts have also been lost, in some circumstances, such as where the Property formed part of a larger estate, Conveyancing Solicitors and Property Lawyers may be able to obtain replacements from the Conveyancing Solicitors and Property Lawyers who acted for the applicant's Seller.
A significantly lesser quality of evidence of custody and title may be shown by:
- a receipted schedule of deeds (if its source and origin are confirmed by statutory declaration, statement of truth or certificate)
- copies of estate duty or inheritance tax declarations, receipts for rates and taxes, fire insurance policies and receipts for insurance premiums.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 3 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 3)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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