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Please telephone 0161 866 8999 for additional information

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
 
Conveyancing Solicitors and Property Lawyers may apply for first registration of Property if the title deeds have been lost or destroyed. Land Registry has special requirements and procedures for these applications, which are set out below.  Specific provisions regarding applications where title deeds have been lost or destroyed are contained in section 27 Land Registration Act 2003.  If a possessory title is to be granted the requirements of section 9(5) LRA 2002, must be complied with.

Conveyancing Solicitors and Property Lawyers will need to give an account of the events that have resulted in the loss or destruction, which Land Registry will consider on its individual merit. However, Land Registry will probably grant only a possessory title where the evidence supplied does not establish these events and the history of the title beyond doubt.  It is often more important to prove who held the deeds prior to their loss or destruction than to establish what they contained.

When the title deeds have been lost or destroyed Land Registry will sometimes ask a surveyor to inspect the Property before the registration is completed.

Many of these applications relate to situations where the deeds (or some of them) have been lost or destroyed while in the custody of (or in the post from) a bank or building society. However, Land Registry will also consider applications where the loss or destruction has occurred in other circumstances. These may include the theft of deeds, or their destruction in a natural disaster or as a result of some other action.


Making an application

Conveyancing Solicitors and Property Lawyers should apply for first registration in the usual way using forms FR1 and DL and enclosing the appropriate fee.

In place of lodging the normal documentary title Conveyancing Solicitors and Property Lawyers will need to:
- provide an account of the events that have led to the loss or destruction
- reconstruct the title as best they can
- supply evidence of identity of the applicant

Land Registry recommend that Conveyancing Solicitors and Property Lawyers use form ST3 - Statement of truth in support of an application for registration of Property based upon lost or destroyed title deeds to accompany forms FR1 and DL. This form sets out the framework for the information and evidence they will need to supply.

Use of form ST3 is not obligatory, and using it will not guarantee that the application will be successful, but it will help to make sure that none of the requirements set out in detail have been overlooked.

However, any statement of truth that meets the requirements of rule 215A Land Registration Rules 2003 will be acceptable, as will a statutory declaration. See section: Statement of Truth.

As with any first registration application Conveyancing Solicitor and Property Lawyers have a duty to disclose certain types of overriding interest if they affect the Property. Disclosure is particularly useful where title deeds have been lost or destroyed as interests, such as easements, that the Property owner knows affect the Property may not be apparent from the reconstructed documentary title.

It is very important that Land Registry can identify the Property Conveyancing Solicitors and Property Lawyers are applying to register on the Ordnance Survey map on receipt of the application (to comply with rule 24(1)(a) LRR 2003). If Land Registry cannot do this they will return the application.  The reconstructed title may contain a plan capable of identifying the Property on the Ordnance Survey map. It if does not and it is apparent there may be difficulty identifying the Property from a verbal description, Conveyancing Solicitors and Property Lawyers should supply a plan that will allow Land Registry to identify the Property on the Ordnance Survey map. In general a verbal description will only be regarded as suitable where:
- they relate to postal addresses (other than flats or buildings where a cellar projects beyond the ground level boundary - in these cases a plan should be supplied)
- the Property is fully fenced and it is clear that all the curtilage forms part of the Property.

 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

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 available by prior appointment at:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
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King Street
Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 


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