Yes, it is possible to sell a house without the title deeds, but it will be a much more complicated process than a standard house sale. If you have lost deeds to a house then you will need to prove ownership in another way before you can sell it.
In this article we’ll look at why do you need deeds to sell a house, what to do if you’ve lost deeds to a house, and can you sell a house without the deeds. Lost deeds to a house can make a traditional sale difficult or even impossible, but you could still sell to a cash house buyer who will take on any property in any circumstances.
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What are title deeds?
Title deeds are documents that set out who owns a property, and in what way they own it, such as freehold or leasehold. They also explain any restrictions or covenants on the property, as well as any charges, such as any mortgages or loans secured on it.
There are two types of title deeds, absolute title and possessory title. Possessory title can be given in cases where you have lost deeds to a house, and this type of deed can be upgraded after 12 years if no one challenges the possessory title.
In most cases, the owner of the property will have absolute title, and can prove this with title deeds. But what happens if you lose the deeds to your house?
Why are deeds so important when selling your home?
Title deeds are important in proving ownership of a property and proving that you have the legal right to sell it. Potential buyers (and their conveyancers) will also use title deeds to check that there are no restrictions or covenants on the property, such as rights of way, which would affect their decision to buy it.
Title deeds are especially important if your home is not registered with HM Land Registry, as they will be the only way to easily prove that you own a property. If you lose deeds to a house, then selling it can become much more complicated.
The role of the Land Registry
Since 1990, it has been compulsory for all properties in England and Wales to be registered with HM Land Registry. This registration includes a digital scan of the original title deeds. If your property has been registered in this way, then you don’t need to hold the original title deeds in order to sell your home.
According to HM Land Registry figures, there are over 25million properties registered in England and Wales. Unfortunately, many older homes have not changed hands since 1990, and it is estimated that around 14% of properties remain unregistered.
The process of selling your house without the deeds
So what happens if you lose the deeds to your house? Can you sell a house without the deeds? If the property is registered, then you do not need the original deeds to prove ownership. Buyers can get a copy of the deeds from the scans held at HM Land Registry.
If the property is not registered, then you have a number of options:
- Try to locate the deeds – they may be held by a bank or building society, or by the solicitor or conveyancer who dealt with the last sale. They may also be held by a solicitor who created your will or the will of a deceased owner.
- Apply for first registration – if you cannot find the deeds, you should apply for first registration of the property online using form FR1 and form DL. You can also fill out a statement of truth using the form ST3. You will need to provide evidence of ownership and you will only be granted possessory title at first. You may need a solicitor to complete this process and it can be a lengthy, complex and expensive process.
- Sell the property to a cash house buyer – sometimes a cash house buyer may be prepared to take a risk when you have lost deeds to a house. However, you need to be prepared to accept a little less for your home than you would in a standard fast cash house sale.
Very few mortgage lenders will be prepared to lend against a property without title deeds or registration. Where they do make an offer, it is usually at a prohibitively high interest rate, and they may also ask the seller to cover the cost of indemnity insurance to protect their interests. For this reason, a cash buyer may be your only option if you have lost deeds to a house.
To find out how much a cash buyer could offer you if you have lost deeds to your house, click the cash offer calculator button below.
Can property ownership be proven without the deeds?
Yes, you can prove property ownership without the deeds, but it will not be easy. You initially need to complete a statement of truth, which is a legal declaration that you claim ownership of the property, and you need to provide evidence to back this up.
The more evidence you can provide, the quicker and easier the process will be, so you should supply as many of the following as possible:
- Mortgage payment records
- Gas or electricity bills
- Insurance for the property
- Entries on the electoral roll
- Paperwork from your own purchase
- Statements from neighbours
It is advisable to get professional legal help from a solicitor to expedite this process.
Expert Insight from Kelvin Elliott
Kelvin Elliott, founder and buying director of myhomebuyers.co.uk explains the process of selling a house without the deeds.
“Selling when you have lost deeds to a house is never easy, unless the property has been registered with HM Land Registry. Proving ownership can be a long process that can take many months and thousands of pounds in legal fees.
So do you need the deeds to sell a house? The good news is no, you don’t always need deeds. Many reputable cash house buyers will take a risk on a property if they can assure themselves that you are the rightful owner, even if you don’t have the deeds to prove it.
Naturally, this is a risk, and the buyer needs to cover themselves, so you may not get as much selling a house without the deeds as you would otherwise. To see how much a cash buyer could offer if you’ve lost deeds to a house, click the button below. It may be less than you were hoping for, but it may also be your only route to a quick home sale.”
Do you need deeds to sell a house?
In most cases, yes you do. However you can sell to a cash house buyer if you have lost deeds to a house.
Can you sell a house without the deeds?
You can usually only sell a house without the deeds to a cash buyer, as mortgage companies will not usually lend against such properties. Alternatively you can go through a lengthy and expensive legal process to gain possessory title and use this to sell.
What happens if you lose the deeds to a house?
If the house has been registered with HM Land Registry, this is not a problem. Registration is sufficient proof of ownership. However, if the property is not registered and you have lost deeds to a house, then it can make selling to a traditional buyer very difficult.
Can you get a mortgage on a house with no deeds?
It is possible, but the lender will usually charge a very high interest rate and will add extensive fees and insurance costs. This makes getting a mortgage on a house with no deeds prohibitively expensive. This is why it is better to sell to a cash homebuyer.
Can you sell a house fast to a cash buyer if you have lost the deeds?
Some cash house buyers will be prepared to buy even if you have lost the deed to your house, but you need to be prepared to accept a lower price to compensate for the risk they are taking.
Conclusion
If you have lost deeds to a house, it is not necessarily a disaster. If the property has been registered, then you do not need the deeds to sell. However, if the property has not been registered and you do not have the deeds, then selling becomes much more difficult.
In this situation, you can either go through the process of first registration, attempting to prove that you are the rightful owner, or sell to a cash buyer who will take a risk on your property. Both of these routes will cost you money, but at least a cash buyer will deliver a much quicker sale.