House Deeds

H

happycamper

Registered User
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12
In the fortunate position to be able to clear my mortgage early this week. I rang BOI earlier this week and have a redemption figure I'm happy with but the question of the House Deeds was raised.

BOI have offered to retain these FOC for me unless I ask for them.

This kind of sounds too good to be true, am I missing anything here before I leave them with them?
 
I had a similar issue with my house deeds but the bank didn't offer to keep them for free as they were closing down. If the bank don't keep them then you will need to find a place yourself - a safety deposit box will cost you a few hundred a year. Your solicitor may keep them but there may also be a charge for that. You will need these to sell the house in the future so these are important. Ask your solicitor what their charge would be and take it from there.
 
The bank held my parents' deeds - BoI - since about 1988, ie when banks still would hold deeds for paid off houses at no charge. My parents had borrowed them a couple of times, and they were historically interesting as the house dates back to the 1860s. However, the branch closed; then the branch that took them was closed. And when they wanted them again (can't remember why), about 10 years ago, it took AGES and multiple emails over a few years, before BoI admitted they were lost.

It's only last year that BoI finally said that they would pay a solicitor to "reconstitute" the deeds.
 
Are house deeds and the ownership title now mostly held electronically by the land registry, you don't actually get a physical deeds any longer?
 
joe sod said:
Are house deeds and the ownership title now mostly held electronically by the land registry, you don't actually get a physical deeds any longer?
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I think it depends...

Can House Title Deeds be stored electronically?

Just wondering when your mortgage is fully paid.I know people leave Deeds with their solicitors along with their Will, or Bank will hold sometimes,or people have fireproof safe in house to store House deeds. Can this be stored electronically now that we are in the IT world in 2024
www.askaboutmoney.com
 
The issue of whether the deeds are still necessary depends, as I understand, on whethe the property is unregistered or registered. My property was unregistered so the deeds were required. I checked this will my solicitior first and Dublin property transactions after 1 June 2011 are registered but not before. I did ask about registering my title and it would be a lot of work so I'll leave that for the next purchaser. Registered title was rolled out on a county by county basis so it would very much depend on the particular property.
 
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I was left the family home back in 2015 and I have a bundle off documents (deeds). I have checked the website landdirect.ie and it has a Folio number for my address. I have the deeds in my house but with having a Folio number does this mean that I will not need these deeds if they got lost,destroyed etc. ?
 
So if your title is registered with the land registry you do not need physical deeds as they are electronically stored with land registry, is that the case?
 
joe sod said:
So if your title is registered with the land registry you do not need physical deeds as they are electronically stored with land registry, is that the case?
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Even if it is the case, the deeds are not the only document needed as per the post from @mf1 that I linked to above
 
ClubMan said:
Even if it is the case, the deeds are not the only document needed as per the post from @mf1 that I linked to above
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But sure most houses built before 1980s would not have all that documentation, planning permissions etc, even the county councils would hardly have that extensive documentation of planning permissions they gave back in the 60s or 70s?
Surely if that was the case no house could be sold that were built back then. What about houses built before the era of planning permissions?
 
'But sure most houses built before 1980s would not have all that documentation, planning permissions etc, '
All that information will be with the Title Deeds.

'no house could be sold that were built back then. '
See above.

What about houses built before the era of planning permissions?
Chances are that there is evidence with the Title Deeds as to when the property was built.

mf
 
..agree. "Deeds" can be a lot more than just what a Folio registration can capture. Things like planning permission, Architect opinions, prior owner compliance declarations etc. can all be necessary for conveyance... When I got my deeds back I registered them and got a folio number, but I still needed those other items at sale time. (I kept them in a fire safe)...
 
But without planning permission you can't get a registered title and deeds in the first place I thought, therefore why the necessity for planning permission documents? . Also only the very thorough solicitor practices or home owners would have all this documentation and as I said above only modern constructions would have it accessible.
If it was the case that lack of this documentation (apart from deeds and title) would prevent a house from being sold then very few houses could be sold.
Is it not the case that in this tight housing market that buyers just instruct their solicitor to carry on with the purchase and opt out of the requirements to get all these documents apart from the deeds and title of the property. I thought the main issue was to ensure that the local property tax was up to date before the sale could be completed
 
'But without planning permission you can't get a registered title and deeds in the first place''

Title matters are separate to planning matters.
Even with a rubbish planning situation, if the title is acceptable, you can register title.

'Is it not the case that in this tight housing market that buyers just instruct their solicitor to carry on with the purchase and opt out of the requirements to get all these documents apart from the deeds and title of the property. '

Most purchasers will be getting a mortgage. Their lender requires their solicitor to absolutely get every scrap of paperwork necessary
on a re-sale.

A cash purchaser can decide to ignore their solicitor's advice to obtain everything necessary for a re-sale.

Trust me. I know what I'm talking about.

mf
 
mf1 said:
cash purchaser can decide to ignore their solicitor's advice to obtain everything necessary for a re-sale.

Trust me. I know what I'm talking about.
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OK I trust you, well that was my experience but I was a cash buyer 5 years ago, I just accepted everything as I knew the house well and wanted to complete the sale quickly

Also I didn't receive any physical deeds the solicitor said my title was now electronically registered with the land registry,
 
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