Lost property deeds: Does it actually matter?
Many people worry when they cannot find their property deeds, particularly when planning a sale or remortgage. In most cases, losing your deeds is not a significant issue, but there are situations where they still matter.
When it usually does not matter
Most properties in England and Wales are registered with HM Land Registry. Where a property is registered, your legal title is held electronically. Official Copies of the register and title plan can be obtained and used as legal proof of ownership. These show the registered owners, boundaries, rights, restrictions and any covenants affecting the property.
Registration has been compulsory on a transfer or mortgage since 1989, and for some counties earlier than that.
When it matters
If the property is unregistered, the original deeds are essential to prove ownership. If they have been lost, extra steps are needed to reconstitute the title. The process and evidence required will depend on the circumstances and can take time.
What to do now
If you cannot locate your deeds, it is sensible to:
Contact the solicitor who acted on your purchase to see if they hold the file, deeds or evidence of your purchase.
Check with previous mortgage lenders or bank
Ask family members for documents or evidence of purchase, if the property was inherited.
What this means for you
Missing deeds rarely prevent a transaction, but delays are more likely if the issue is not addressed early. The sooner the position is clarified, the easier it is to plan next steps.
Next steps
If you are planning to sell or remortgage and cannot find your deeds, early advice can help avoid disruption. Our residential conveyancing team can review the position and guide you through the process.
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