Q: I have just bought a house and my lawyer asked me whether the title deeds to collect her, or whether they should continue keeping them.
I thought these were the mortgage lender. Is it right for lawyers to keep hold of them?
Bit of a newbie and a FTB.
Thanks for the answers.
What could be important is any original lease – the Land Registry will have a copy but sometimes it is of poor qulity and is unreadable and sometimes their scanner company missed scanning some vital pages! It is worth keeping any original lease safely.
Also there can be other gems like copy planning and building reg consents, various copy plannng agreements and other stuff which looks very boring but which you may have to fork out £20 a go to get copies from the local Council when you sell and your buyer's solr wants to see them!
Particularly important are consents under covenants from builders etc for extensions – if you lose those you may have to pay for a restrictive covenant indemnity policy.
Sometimes there are covenants between a landowner and a builder when the area was first being developed which say things like "no more than 100 houses are to be built…" on some area. Its 10 years later and nobody is very sure which area the restriction applied to but there is a letter from the original landowner's solrs saying they are satisfied that the covenant has been complied with. It may look like a manky photocopy letter but if it can't be found then an indemnity policy to replace it could cost a hundred or two!
None of these other documents I've mentioned are actually "deeds" but they are mighty important when you sell and could cost a bit to replace or provide equivalent protection for your buyer, so they need keeping safe.
Unless you know what you are looking for it would be all too easy to get the package of documents and think they are all rubbish and throw them away. Some are rubbish, but the thing is knowing what is and what isn't!
As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients
The historic deeds are no longer legal documents, so it is up to you who keeps them (or indeed if you throw them away).
There was a case recently where a couple bought a house thinking that the lodgers were the owners as they held a copy of the deeds.