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
Mortgaged Property
If a Mortgagee was holding the deeds when they were lost or destroyed, a statutory declaration, statement of truth or certificate by the Conveyancing Solicitors and Property Lawyers who investigated title before the Lender made the advance constitutes useful confirmatory evidence of the applicant's title.
Where the deeds have been lost or destroyed while in the custody of a Mortgagee the account of events must either establish that the Mortgage is subsisting or give details of its repayment.
Unmortgaged Property
The account of events should make it clear whether or not the Property was subject to a Mortgage when the deeds were lost or destroyed. One or more of the supporting statutory declarations or statements of truth forming the account should state explicitly that at the time of the loss or destruction the owner had not created any Mortgage, Charge or lien on the Property and had not deposited any of the title deeds with any person, firm or body as security for money.
Leasehold Property
If an original Lease has been lost or destroyed it is usually possible to obtain a certified copy of the counterpart Lease.
Most Leases contain provisions requiring the registration of assignments with the Lessor's Conveyancing Solicitors and Property Lawyers and/or requiring the grant of a licence to assign the Lease. If this is the case, the Lessor's Solicitor may be able to give details of the record of documents produced by successive assignees and/or Licences to assign that have been granted. In any event, the present reversioner (or their agent) will know who has paid the rent during the current period of ownership.
The former deeds registries for Middlesex and Yorkshire
If the Property is situated within the area formerly covered by one of these deeds registries, a statutory declaration, statement of truth or certificate by Conveyancing Solicitors and Property Lawyers who have examined the memorials of deeds may establish, or help to establish a chain of title.
The deeds registries have now closed. Conveyancing Solicitors and Property Lawyers can find details of how to contact the bodies holding these records in section: Contact details for former county deeds registries.
NB. York did not fall within the areas formerly covered by the Yorkshire Deeds Registries.
Evidence of possession
The account of events should normally establish that the applicant is either in actual occupation of the whole of the Property or in receipt of the rent and profits from it without any adverse claim having been made. This information is essential where a possessory title is being granted (section 9(5)(a) Land Registration Act 2002). In other cases it will help to satisfy Land Registry that the applicant is entitled to apply for registration.
If the applicant is in receipt of the rent and profits Conveyancing Solicitors and Property Lawyers should supply further evidence such as copies of the rent book(s) or receipts.
Evidence of Identity
Land Registry may require evidence of the identity of the applicants for first registration when they allege that the title deeds have been lost or destroyed. This evidence will help to demonstrate that the applicant holds the legal estate or is entitled to apply for registration. It is also an important safeguard against the risk of fraud.
When evidence of identity is not required
Land Registry does not generally require evidence of identity where the application is lodged either by:
- Conveyancing Solicitors and Property Lawyers who are applying for registration because the title deeds were lost while in their custody;
- a major Mortgage lender who is apply for registration because the title deeds were being held as security for the Lender's Mortgage and were lost while in their custody because title deeds relating to their Property, or to Property on which they hold a Mortgage, were lost while in their custody.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 4)
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
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Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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