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Deeds destroyed by fire and defective title.

Land, Registered Land, Planning law etc.

Re: Deeds destroyed by fire and defective title.

Postby theycantdothat » Mon May 11, 2015 8:50 pm

If a mistake was made in the declaration as to the extent of the property owned there is not a lot that can be done now.
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Re: Deeds destroyed by fire and defective title.

Postby Horticgirl » Thu May 14, 2015 5:00 pm

Well, we now have a further update.

We met with Mr L. He had rung us to say he had searched through his old paperwork to see what he could find.

What he has is a copy of the original sales particulars. Attached to them is an immaculate copy of the Ordnance Survey map with the outline of the property in red, showing the "right" boundary to include the driveway. He knows that is what he bought because he was buying from his sister-in-law and knows she didn't retain any of the land.

He says that when the deeds were destroyed he signed whatever the Building Society sent him, assuming that they knew what they were doing and that it would all be in order. He simply wasn't bothered about what the paperwork said (he had owned the house for 17 years by then so wasn't particularly concerned). He now realises he signed the wrong thing.

He would be prepared to give us a further Satutory Declaration to that effect if it would help.

I have been reading about the decision in Baxter v Mannion (paras 18-36) and , if I read it correctly, it seems that Land Registry can correct a mistake, even if they didn't make it. They don't say that though - practice Guide 39 says "It should be borne in mind that there is a distinction between a mistake in the register and a mistake in a deed submitted to Land Registry for registration. This guide relates only to altering mistakes in the register. The provisions of Schedule 4, LRA 2002 relate to alterations to correct a mistake in the register. They do not relate to correcting a mistake in a deed. This means there is no mistake in the register if it correctly reflects the provisions contained in a deed submitted for registration, even though there may be a mistake in the deed because, for instance, it does not reflect the agreement reached between the parties to the deed. "

Would this new evidence be of any help?
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Re: Deeds destroyed by fire and defective title.

Postby dls » Thu May 14, 2015 6:45 pm

What is said is that if you want such a correction, you must look elsewhere then the guide.
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Re: Deeds destroyed by fire and defective title.

Postby atticus » Thu May 14, 2015 6:50 pm

Will the sister in law make a declaration?
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Re: Deeds destroyed by fire and defective title.

Postby Horticgirl » Thu May 14, 2015 9:23 pm

The sister in law is more reluctant. I'm not sure why but I think it's just a case of age and nervousness.
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Re: Deeds destroyed by fire and defective title.

Postby dls » Fri May 15, 2015 6:07 am

In such conversations with HMLR it is always worth remembering - and very gently reminding them, that a founding principle of HMLR was that it would remedy unnecessarily defective titles.
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