circularrd
Registered User
- Messages
- 17
You're assuming there's some proof the bank did have them... Lots can happen in 40 years.keep a record of the costs to you of having to reconstruct the title documents as I would be billing them for this cost. Or suing them in default.
That’s true. I was basing my view on the assumption that there was a mortgage in which event the bank would have the deeds. Unless they were released to the borrower’s solicitor or some other authorised third party on accountable trust receipt.You're assuming there's some proof the bank did have them... Lots can happen in 40 years.
There's been a few stories along those lines here over the years. Bank thinks the solicitors have them, solicitors think the bank has them, no one with proof.That’s true. I was basing my view on the assumption that there was a mortgage in which event the bank would have the deeds. Unless they were released to the borrower’s solicitor or some other authorised third party on accountable trust receipt.
There’s a rule of thumb in litigation. When in doubt as to who committed the wrong, sue them both and let them argue it out.There's been a few stories along those lines here over the years. Bank thinks the solicitors have them, solicitors think the bank has them, no one with proof.
Regarding Leo's post yes there was a mortgage, deeds were not released on ATR. The bank held them for c.40 years and we have proof although they say they only got the Land Cert...uncharted territory for me but under active discussion!Going back to OP's post..............
On the grounds that seeking to apportion fault does not reconstitute title, I'd advise the following:
Talk to neighbours and see if any of them have their Title Deeds at home and would be willing to check them and provide copies of the planning paperwork. If yes, take copies of the Planning Permission(s) and Opinions on Compliance.
A helpful neighbour may be willing to take their Deeds up, through their own solicitor, if no-one has their Deeds at home.
This is a long shot but, assuming the then acting architect is still in practice, ask them to provide an Opinion on Compliance.
If that long shot doesn't work, most solicitors have a standby Architect colleague that they work with who assists in these types of situation.
Or, next step is to talk to a local architect (preferably someone who has been around for yonks and possibly knows the development) who can review the PP and decide if they are willing to certify that the works, including the over garage works, comply with the original planning permission.
mf
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?