Q. My grandfather has lived in his home for upwards of 50 years. He’s not been too well recently and is trying to put his affairs in order. He thinks that, at some point in the past, he had title deeds to his home, but thinks they were dumped following an incident with a leaky pipe. He’s healthy at the moment, but the fact that he has lost those title deeds is weighing heavily on him. Can you advise as to next steps?
Dear Reader,
Firstly, your grandfather has mentioned that he wants to put his affairs in order. The most prudent first step would be to make sure that his original will is with his solicitor and that it accurately reflects his wishes. His will could be updated at any time, and it would be important that he is satisfied on this point.
With regard to the title deeds, it can be difficult to advise you as to your next steps as it is impossible to know what documents were destroyed.
It may well be the case that the property is registered with the Land Registry. If that is the case, then your solicitor can confirm that he is the owner of the property for a nominal fee.
If the property were registered with the Registry of Deeds, the process of proving he is the owner can be more difficult. Your solicitor can conduct ‘searches’ to confirm when documents were filed, and can try and take up relevant copies. However, this process can take some time and can be more costly. It would be helpful if your grandfather could recall when he purchased the property, and from who.
Is it possible that that he mislaid/destroyed copies of the documents only? If there is or was a mortgage over the property, it is possible that the bank retain the original deeds? It is also possible that the solicitor that acted for him may hold the original deeds.
If ownership can be proven, you may well need to update certain documentation as regards planning permissions, etc. Your solicitor will put you in touch with an engineer to conduct this work. Given the age of the property, it is likely that the property would not be subject to more recent requirements such as building regulations or building energy rating, etc.
This may be a complicated matter, but you may very well be able to resolve the same quickly once you consult with your solicitor.
