lost deeds

I am not a solicitor, but ... you have had 23 years of uninterrupted unchallenged occupation. Ask your solicitor about the merits of pursuing a case for Adverse Possession (aka Squatters' Rights) under Section 49 of the Registration of Title Act 1964. This would seem to be the most direct way to get a saleable title, in the absense of any clarity on what exactly happened title a quarter of a century ago. In my view the original solicitor who acted for you and the IP should jointly cover the costs of any such action.

See also No progress without deeds and the mystery of the lost deeds .
 
yeah that was my thought but he has said the adverse possesion title is basically useless when it comes to selling on the property and that very few purchasers wud be prepared to buy on the basis of this type of title

Trying to get any joy at all from the original solicitor is just amounting to nothing. Basically they will not even admit to ever having dealt with the situation!
 
A section 49 application is unlikely to work in this situation as the occupation has not been adverse.

The management company is likely to be the free holder and may be in a position to grant a new lease of the property on the same terms as the previous lease, there would need to be a recital about there having been an agreement for the lease but that the lease was never granted or was lost before being registered. Some other document affirming that the lease was granted may be appropriate either. In any event a conveyancing Barrister should be able to advise. A submission would have to be made to the revenue on the stamp duty if a new document were produced but they are usually sympathetic in such cases. The management company should have copies of the rest of the title bar the certificates of compliance, you may be able to get these from the original architect or you may be able to pay someone else to do them. Finally the bank should pay for all of this but even if they don't the cost is a lot less than having an unsaleable apartment.

Properties can be sold if the deeds have been lost, its just a matter of constructing a plausible explaination for the purchaser and convincing them that no bank holds them as security.
 
A section 49 application is unlikely to work in this situation as the occupation has not been adverse.

Thanks Ramble, I still think it is an option worth exploring, because if the OP claimed adverse possession, it doesn't seem that anyone could easily dispute this. But you seem to know what you are talking about, so I won't argue with you.

Also, it appears (some of) the costs of rectifying the title may be claimed from [broken link removed].
 
Back
Top