the mystery of the lost deeds

G

greenie

Guest
Hi there,
This is my first post here and I'm hoping someone with a little legal knowledge might be able to help me.
My father passed away quite suddenly a few years ago leaving a bit of a mess of financial affairs behind. Thankfully everything has nearly being sorted out now except for one large niggle.
In the early 80s my Father purchased a house in the country which we have used as a family holiday home ever since, the only problem is I can find have no deeds to the house...
I have been to the Land Registry, the Valuation Office and the Registry of Deeds (twice) all to no avail, there is no relevant mention of my father and any leads connected with the house in question have brought me to a dead end.
The vital piece of information I am missing is who did my father buy the property from?? I've even tried cold calling all the Real estate agencies in the area asking for help from anyone who may have worked there since the 80s, this allowed me to speak to an old and wise estate agent who knew of the house but couldn't help me with the name I was after. What more can I do?

I feel I have exhausted all avenues available to me and now I need to go to a solicitor but before that I'd like to be as informed as possible, can anyone tell me what process I need to go through to prove the house belongs to me/my mother?

Any help would be more than gratefully received!

Many thanks,

G.
 
Could you try advertising in a local newspaper asking for help in the matter. Surely someone must know something about the sale.
 
Consult your solicitor, I've seen ads in papers where the solicitor (in a case such as yours) will state that deeds have been lost and that unless anyone can produce the deeds the house will be registered in the name of...(something along these lines) Shouldn't cost a fortune.
 
The first step a solicitor would take is to ascertain in whose name the property is registered now, if it is registered. You will need a map showing the property- you can get it from the ordnance survey office- or local map sales office. The solicitor will then ask a law agent to do a search which will ascertain if it is registered and if so, in whose name, or if it is unregistered. If it is registered and not in your fathers name, it will show the last registered owner and if they are willing ( or their family if that person is dead) they can transfer ownership now. If they are not willing another type of application may be necessary- an application for registration based on possession.

If it is unregistered, your solicitor can do a registry of deeds search in your fathers name, and if this shows nothing, can get a valuation office cert which should show the rated occupiers to date- again either the last owner on title or their family can effect a conveyance of the property to your family now or if unwilling, you can apply for first registration based on possession.
 
I love the "should'nt cost a fortune" bit!!!!

First registration of a property in the Land Registry - which this will be- can take years, be disputed, be refused for all kinds of reasons. Most messes can be sorted out but the bigger the mess, the greater the trouble, inconvenience and cost.

G has already tried most of the practical avenues and has drawn a blank. Maybe the house was never bought, maybe money never changed hands, maybe the house was bought but put in someone elses name. But if the house was bought, then there will be a record some where - maybe in the father's solicitors office?

In reality, the question will be - how do we sort out the title so that should we ever want to do it, we can sell the property? So, that means either locating the deeds by e.g. advertising or trawling through all the solicitors that might have acted or are in the area and if that works out then registering the title in accordance with the will. Or if that shows nothing then an application for first registration can be made in the Land Registry. If the land is registered, that is a good start but that does not seem to be the case as a search has not shown anything. If the land is unregistered, then the application will be that bit more difficult.

See a solicitor.

mf
 
Many thanks everybody!

The mention of first registration feels promising to me - I have a notion the house in question was once part of the property next door and at one point close to the purchase by my father some renovation occured and that property was divided in two - my father buying the smaller part. I'm not sure if anyone actually owned it as the entity it is now, prior to that
I have just discovered from the ESB that prior to my father there is no record of anyone having an Electrical supply attached to that address so it may suggest the property may never have been registered as it was once part of next door.

Anyway I will approach a solicitor with this information and see how we go, once again many thanks..

G.
 
This looks like an adverse possession case and will require funds to bring the title to the fore and have the property registered. You will need to see a solicitor, but one who specialises in the land locally and perhaps the brief of a junior on what is the best and cheapest or quickest way to have the property let.



At this point you have no proof of title and the fact that someone else may have a better title to your fathers is worrying, especially if unwanted persons occupy the house.



Dont delay on this
 
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