• Mother Wishes To Grant Gift Of Unregistered Title Having Lost Deeds

    By Guest on 04th Apr 2016

    Our mother would like to gift her property to my brother and myself as the only children and no other immediate family apart from our elderly father, but thinks she may have put title deeds of her house on our garden bonfire. All we have at present is a single piece of paper that simply appears to show the names of people who owned the title at various times in the past. The document seems to show that our father formally made a deed of gift of his interest in the property to our mother in 1983; on this paper there is only a couple of lines added for each transfer of title through the years since 1860. This document is very sparse. It does not even have a heading but its clear it has been typed on by different typewriters throught the years but it is not clear what it is supposed to be. I suspect it would have resided with other documents relating to the property title, although the property never got registered with land registry as there was no legal requirement to do so

    The question is how is a deed of gift now done? If the document we have is enough to show a sufficient chain of title might we convince HMLR to register a full title? Obviously possessory title is pointless if all we can do is register the property but effectively be unable to sell the asset or raise money on it.

    The situation is that we may possibly have the title deeds, but they certainly cannot be found at this time. Might we do something between ourselves that gives us some protection over the title?

  • 2 Answers

    By Guest on 05/04/2016

    The document you have sounds like an epitome of title, which is little more than an index of the documents that would be found in the deeds pack. On its own it isn't enough to prove ownership of the property. If you can't find the deeds then you have a problem. You should approach a solicitor about making an application for registration based a statutory declaration or statement of truth. You are right to say you will only get possessory title but this will prevent someone else fraudulently claiming ownership and the title is saleable and mortgageable with indemnity insurance. It can either be put in your names if your mother signs a transfer deed in your favour or hers

  • By Guest on 05/04/2016

    Many thanks to Guest above. You have completed one part of our jigsaw.

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