The following Property Q&A provides comprehensive and up to date legal information covering:
In this Q&A, the title deeds were never received rather than destroyed or lost. If there are missing or destroyed title deeds, the application for first registration must give an account of the events that resulted in the loss or destruction. HM Land Registry will consider each case on its merits, but will likely grant only a possessory title where the evidence supplied does not establish those events and put the history of the title beyond doubt. For further guidance, see Practice Note: Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations.
The Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 27 was amended by Land Registration (Amendment) Rules 2008, SI 2008/1919, Sch 1, r 4(1), para 8(1) to be reformulated as: ‘First registration applications based on adverse possession or where title documents are otherwise unavailable’. LRR 2003, SI 2003/1417, r 27 provides that:
‘In application for first registration by a person who is unable to produce a full documentary title must be supported by evidence—(a) to satisfy the registrar that the applicant is entitled to apply under section 3(2) of the Act or required to apply under section 6(1) of the Act, and(b) where appropriate, to account for the absence of documentary evidence of
‘In application for first registration by a person who is unable to produce a full documentary title must be supported by evidence—
(a) to satisfy the registrar that the applicant is entitled to apply under section 3(2) of the Act or required to apply under section 6(1) of the Act, and
(b) where appropriate, to account for the absence of documentary evidence of
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