Within the estate administration process, there can arise the complex situation whereby the deceased owned a property, but the deeds cannot be traced, and the deceased’s ownership has not been registered. This can be problematic as the property cannot be transferred or sold until the deeds are located or an application to reconstitute the title has been successful.
What is the process of deed reconstitution?
In order to reconstitute the title, Form FR1 and Form DL need to be completed in order to make the necessary application. In addition to this, an account needs to be provided which details the events which had led to the loss or destruction of the deeds. This is often provided through the provision of a statement of truth (Form ST3) which accompanies Form FR1 and Form DL. The account needs to identify:
- who had possession of the deeds and where they were held when they were lost or destroyed;
- why the person in possession had custody of the deeds, eg were they held for safekeeping or as security for money owing or under a lien;
- when, where and how the loss or destruction occurred;
- what steps have been taken to recover the deeds;
- whether or not at the time of the loss the owner had created any mortgage, charge or lien on the property or deposited the deeds with any person, firm or body as security for money;
- whether the applicant is in occupation or in receipt of the rent and profits; and
- that the applicant is entitled to apply for registration as the legal estate is vested in them (or they have the right to require the legal estate to be vested in them).
The second key requirement is to reconstruct the title to evidence applicant’s ownership of the property. This is done through providing documentary evidence of the applicant’s ownership, such as secondary evidence of title including copies of title deeds. Evidence of possession can also be utilised here, such as other related documents which illustrate the ownership of the applicant such utility bills or ground rent demands.
Finally, HM Land Registry may require evidence of the identity of the applicant in order to safeguard against the risk of fraud.
How we can help
At Taylor&Emmet we have a specialist Inheritance Tracing and Empty Homes team who have made successful claims for the reconstitution of property deeds, allowing beneficiaries and local authorities to sell, transfer or take control of a property which they were previously unable to administer.
We act for local authorities, private organisations and individuals throughout the country and offer a comprehensive variety of solutions to assist with all matters relating to Inheritance Tracing.
For more information about property deed reconstitution and Inheritance Tracing please do not hesitate to contact our Inheritance Tracing and Empty Homes team on (0114) 218 4000 or visit www.tayloremmet.co.uk/inheritance-tracing or follow the firm on Twitter, @TaylorEmmet.
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