If you are planning to sell your property, you may have been advised to ensure that your title deeds are in order. But what does this mean? Is it possible to sell a house without having title deeds? In this article, we’ll go over the most often asked issues about title deeds, such as how they work, what to do if you can’t find them, and how to ensure that your property is officially registered so you may sell it without complications.
What exactly are title deeds?
Title deeds are physical documents that detail the ownership history of a property or piece of land. They often include details like this:
- Property’s boundaries
- Mortgages or loans related to the property
- Details about wills and inheritance
- The lease’s duration
- Contracts and limitations concerning the property
Is it possible for me to sell my house without the deeds? Yes, however in order to sell your house, you will have to show proof of ownership, which can be challenging if the deeds have been lost. The title deeds are modified to reflect the new owner each time a property is purchased or sold, ensuring a clear record for any future house sale. The original documents are scanned and copies are sent back to you or your conveyancer once the property is registered with the Land Registry.
The original or copies of the title deeds will be sent by your conveyancer to your mortgage provider if there is a mortgage on the property. Your mortgage provider will return the title deeds to you once the mortgage has been paid off, or they will be sent directly to you if there is no mortgage.
Is it necessary for you to have the original documents?
No, the person who is selling the property is not required to provide the original title deeds to the buyer when they sell the property. All that is required is for the property to be registered with the Land Registry. In the course of the conveyancing process, your legal representative will make contact with the Land Registry to get a copy of the deeds and initiate the process of revising them to reflect the new ownership. Today, public registration is still required in order to validly transfer the possessory title in Scots law. The public land registers are now entrusted to the Registers of Scotland (RoS), an agency of the Scottish Government tasked with compiling and maintaining records relating to property and other legal documents.
What should I do if my house is not registered?
As the Land Registry is now in charge of recording the majority of title deeds in the rest of Britain, the registration of properties became compulsory in England and Wales in the year 1990, impacting many who wish to sell a house without the original deed. On the other hand, approximately 14% of freehold properties are still not registered, which is usually the result of long-term holdings and cases where the original deed cannot be found. The RoS also holds more historical records on the Sasine register for older properties.
In the case that you have inherited the property from an elderly relative and are unable to locate the title deeds, you may find yourself in this situation. Although it may be difficult to obtain the original title documents, it is still possible to obtain the absolute title if you are selling a home where the property is not registered.
Where do I find my title deeds?
As you are ready to sell your home, if you need to find your title documents, start by looking around your house for any possible storage locations, especially if you are concerned that the deeds have been lost. If you can’t find them, call your mortgage lender (if you had one) or the solicitor who represented you when you purchased the home. It’s likely that the mortgage lender or the lawyer who handled the property’s purchase or sale will have kept copies of the deeds. If you know the name of the mortgage provider or solicitor who handled the previous purchase and needs the title documents for an inherited property, they can assist you.
HM Land Registry and the RoS keep digital copies of almost all title deeds, but normally returns the original paper records to the individual or organisation that submitted them, such as a conveyancer or solicitor, after scanning.
In rare cases, the title deeds may be impossible to find. They could have been lost or destroyed in a fire, or the line of ownership could have grown too long or complex. Fortunately, there are other ways to prove ownership of a property in order to sell.
Form ST3 or Statement of the Truth
Through the use of a statement of truth(ST3), you will be able to successfully complete the initial registration of the property. This requires the completion of an ST3 form as well as the provision of proof in support of the claim. Since this is an extremely unusual circumstance, it is highly recommended that you seek the advice of a conveyancing professional who has previous experience dealing with matters of this nature.
It will be required for you to build a case to convince the Land Registry that you are the legitimate owner of the property in order to fulfil the Statement of Truth requirement. You have the right to present a variety of evidence to back up your claim, including the following:
- Provide a full description of the property that you desire to register, and make sure you clearly identify it yourself.
- It would be helpful if you could clarify where the deeds were when they were lost or how they were destroyed.
- When the deeds were lost, it was important to specify who held the property.
- Please provide an explanation as to the reason why the deeds were kept in a specific location (for instance, by a mortgage provider).
- During the time that the deeds were lost, you must provide evidence that the property was subject to a mortgage.
- Describe the actions you’ve made in an effort to find the deeds on the property.
It is the duty of the mortgage provider or the solicitor to assist in confirming ownership in the event that the deeds went missing while they were in their possession. Regardless of the situation, proof such as records of mortgage payments, bank statements, utility bills, and other documents that are pertinent would be helpful. Your case will be strengthened to the extent that you are able to give more information. You will not be able to register property without a reasonable amount of the above information.
Planning to sell a house
There is probably sufficient proof to show the Land Registry that you are the legitimate owner, which is wonderful news. While there may be additional conveyancing expenses involved, the exact amount will be determined by the complexity of your case. Inherited property, for example, often requires extra research throughout the conveyancing procedure because you may be unfamiliar with the property’s documentation or history. We understand these issues and have handled complex home-selling circumstances in the past.
If you have inherited a property and need to sell it soon, Sell My House Fast In Scotland is a perfect option. Because of our unique approach and commitment to transparency, you can be confident that we will handle everything with the utmost expertise and care. If you wish to sell a property quickly, a cash sale might be a huge advantage. It provides fast revenue while eliminating the annoyance and inconvenience of a typical sale. We buy any property in any condition, so contact us today and obtain your free cash offer.