When an original title deed has been lost, misplaced or damaged, it may be possible to have the record restored through the Land Registry. This is particularly important where the owner needs to deal with the property by way of sale, mortgage, transfer or other transaction and the original deed cannot be produced. The loss of a deed does not necessarily mean that the owner’s title to the property has been lost.
The restoration process involves establishing the relevant details of the property and the missing deed and providing the Land Registry with sufficient evidence to support the restoration. This may include copies of the deed, information obtained from Land Registry records, statutory declarations or affidavits explaining the circumstances in which the document was lost or damaged, and other evidence establishing the history of the title.
The circumstances surrounding the loss or damage will determine what documentation and steps are required. Where a deed is damaged, for example, the original document may still provide useful evidence. Where it has been completely lost, additional searches and supporting evidence may be necessary to establish the contents of the deed and the property’s chain of title.
It is advisable to address missing or damaged deeds as soon as they are discovered rather than waiting until the property is being sold or mortgaged. Early restoration can help avoid delays when a transaction becomes urgent and can ensure that the Land Registry records properly reflect the owner’s interest in the property.
Regina Lex Attorneys can assist property owners with the process of investigating and seeking restoration of lost, misplaced or damaged title deeds through the Land Registry.
