Do I need to keep my property Deeds?
Posted on 1st April 2019
Understanding the Importance of Original Property Title Deeds
Title deeds are essential documents in the property buying and selling process, serving as the definitive record of ownership, boundaries, and any charges or covenants on the property. While modern practices have largely digitised these records, through a central system known as HM Land Registry, understanding when original deeds are needed, and their significance can be crucial for property owners. Our Conveyancing Solicitors in Preston discuss when original title deeds can be required, and what happens if they cannot be located.
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When Original Title Deeds Are Required
Unregistered Land or Property:
In cases where property or land has not been registered with the HM Land Registry, original title deeds become crucial as they are the primary evidence of ownership and the land’s history.
Historical Reference:
Original deeds can be necessary for historical reference, especially for older properties where certain covenants or rights might not be clearly recorded or understood from digital records alone. Having the original deeds to reference can be helpful for Conveyancing Solicitors in Preston, so they do not need to guess at what the deeds could contain.
Dispute Resolution:
In legal disputes regarding boundaries, rights, or ownership, original title deeds can be vital in establishing the facts and resolving the issues.
First Registration:
If you are the first to register a previously unregistered property, you will need the original deeds to provide a comprehensive history and prove ownership.
When Original Title Deeds Are Not Required
Registered Properties:
For properties already registered with HM Land Registry, the digital records are considered the definitive record of ownership. Original deeds are not necessary for transactions, as the records are stored electronically.
Conveyancing Process:
During buying or selling property, conveyancing solicitors typically handle the details of obtaining and updating title deeds from the Land Registry. In modern transactions, this often involves dealing with digital records rather than physical documents.
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Storing Original Property Title Deeds
Traditionally, original title deeds were stored by the mortgage lender or the solicitor who handled the property’s last sale. However, with the digitisation of records, this practice has changed. Here’s how conveyancing solicitors can assist with deed storage:
Safekeeping:
Solicitors can offer to store original title deeds in their secure facilities. This service provides peace of mind knowing that important legal documents are safeguarded against loss or damage.
Digital Copies:
While maintaining the original documents, solicitors can also provide digital copies for easier access and reference. This ensures that you have all necessary information without needing to access the physical documents regularly.
Advisory Services:
Conveyancing solicitors can advise on the best practices for deed storage, whether it’s retaining physical copies, relying on digital versions, or a combination of both.
What happens if I cannot find my property title Deeds?
Whilst a lot of the time someone will store their deeds at home, or with a Conveyancing Solicitor, in some unfortunate cases our Conveyancing Solicitors in Preston have found that Deeds have gone missing or ‘cannot be found’.
In our recent blog, our Conveyancing Solicitors have discussed the process of reconstructing a property title when deeds have gone missing. Read it, here. If Deeds cannot be located, the process of reconstructing the property title needs to be dealt with, which can be a long and stressful process. That’s why it’s important that your title deeds are stored correctly.
MG Legal: Your Conveyancing Solicitors in Preston
In conclusion, while the need for original title deeds has diminished over the years due to digitisation, there are still circumstances where they play a crucial role. Understanding when they are required and ensuring their safekeeping can prevent future legal issues and provide clarity on property rights and boundaries. If you are unsure about the status of your deeds or how to obtain copies, consult with your conveyancing solicitor for guidance and support.
Call our Conveyancing Solicitors in Preston, the experts in property matters and title reconstructions, for advice on 01772 783314 or property@mglegal.co.uk. Our Conveyancing Solicitors are CQS-accredited and SRA-regulated, and are here to assist with your conveyancing matter.
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Tagged as: Conveyancing Solicitors Preston, First Time Buyers, Garstang Solicitors, Lancaster Law, Longridge Solicitors, Preston Property Law, Your Local Solicitors
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