My aunt died six weeks ago and I’ve been appointed as executor of her will. She lived in a three-storey townhouse just outside Fleetwood for more than 40 years, but I’ve discovered that the property is not officially registered and we cannot locate the deeds. What do we need to do to get around this?
MG
Losing the title deeds to an unregistered property is often a seller’s worst nightmare. Thankfully, all is not lost. It is possible to apply to the Land Registry to reconstruct the seller’s title, but you must provide as much evidence as possible to prove ownership.
A conveyancer can assist a seller in contacting various parties to prove your aunt’s acquisition, length of ownership and occupation of the property (such as the local authority, utility company or even insurance provider). If applicable, you could even contact a management company for a copy of the lease. By putting together as many pieces of the puzzle as possible, a case is built, then put to the Land Registry people to persuade them to reconstruct the title.
Often the title given by the Land Registry will initially be what is known as possessory, which is a qualified title making it clear to all that the deeds have been lost. This title can be upgraded after 12 years to absolute title. Until that time, any buyer needs to take out indemnity insurance to protect themselves against claims against the title by other parties. In most circumstances, possessory titles should not cause a problem with property sales. However, the process can take time given the present delays with the Land Registry. Right now, you are looking at about ten weeks to gather the evidence from official parties, then up to 12 months once with the Land Registry.
