Selling a house without the deeds?

Selling a house without the deeds?

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Discussion

The Gauge

Original Poster:

4,824 posts

28 months

Yesterday (20:10)
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Will soon have to think of putting my deceased parents house up for sale. However we can’t find the deeds anywhere. They won’t have been digitised at the Land Registry as they’ve lived in it since the 1960’s and I think that only happens if something were to have happened to the house in more recent times.

They could be with a bank but I’ve no idea which one as I think the mortgage got paid off in the 70’s.

So, is there a method of selling a house with no deeds?

Acuity30

703 posts

33 months

Yesterday (21:09)
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I think you could maybe get new deeds created but this is a question for a competent legal professional

Dave _

113 posts

134 months

Yesterday (21:17)
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You’ll definitely need a decent solicitor.

https://www.bishopslaw.co.uk/can-you-sell-house-wi...

OutInTheShed

11,424 posts

41 months

Yesterday (23:46)
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First thing to do would be look on the land registry dot gov dot uk website and download the title register if you can.

konark

1,194 posts

134 months

It's unlikely to be registered but you should at least check. Then check with their bank and the building society they had a mortgage with or any solitor they used .

PhilboSE

5,184 posts

241 months

If the property is registered (very likely - just check land registry) then in nearly all cases the deeds will have been scanned and stored there. In which case you don’t need the physical deeds, as all changes will have been recorded digitally.

It’s only if you’ve got a very old property that has never been registered and where a mortgage hasn’t been needed for a very long time that the physical deeds would be the only thing proving ownership.

TL;DR it’s very likely you don’t need the physical deeds and your solicitor will be able to advise.

Jobbo

13,377 posts

279 months

It’s optimistic to say it’s very likely to be registered at the Land Registry. If they bought in the 1960s and paid off their mortgage in the 70s there is a very strong chance it isn’t registered - compulsory first registration was introduced gradually across the country from 1925 but only finally covered everywhere from 1995.

Finding the original title deeds would be a very good thing if it’s unregistered. Invariably a mortgage lender would send them to the borrower or their solicitor when the mortgage is paid off, so start with mortgage lender and any solicitor - bearing in mind that firms do merge and change name over time.

melsim

5 posts

146 months

I have just been through this with deceased relatives. I was informed that the house had never been registered due to the fact it was built and purchased in the early 60s. I undertook a first registration process with the LR and was fairly painless albeit slow.

Pit Pony

10,121 posts

136 months

My parents bought a house in 2001 which had been empty for 5 years years and the deeds lost.

The seller (son of the deceased) paid for an insurance indemnity policy, which would protect my parents until 12 years was up.

I don't know the details, because the only discussion I had about the house went something like "Why retire to Anglesey when your grand children are a 3 hour drive away" and "Please don't buy this house covered in mould"

12 years later they got new deeds and then got planning permission for a house on the 1/3 of her garden and sold the plot for more than they paid for the house.


The Gauge

Original Poster:

4,824 posts

28 months

Looks like its a problem that can at least be overcome then, which is reassuring. We have no idea who their bank was who they had their mortgage with, so wouldn't know who to check with.