Obtain a Copy of a Conveyancing Deed

Obtain a Copy of a Conveyancing Deed

Overview

Prior to Land Registration ownership of a property was confirmed by producing a large bundle of documents known generally as the Associated Documents. Registration of your property at the Land Registry rendered the production of the old deeds unnecessary. However, there are times when the Deeds would be very useful. This article describes such circumstances and how to obtain a copy of them.

When an Old Deed may be Useful

Old Deeds are generally disposed of by the Land Registry when they are sent to them for First Registration, as they become largely redundant. Any document considered important by the Land Registry will be retained digitally and made available for purchase.

The old Deeds may be useful in the following circumstances:

1. Where a Boundary Dispute arises

Although official evidence of ownership is provided by the Title Register and Title Plan, because boundary disputes usually involve small areas of your garden the Register and Plan are of limited help. The old Associated Documents are often allowed as extrinsic evidence where there is a court hearing, and are certainly of persuasive authority. The Deeds may refer to the acreage of a property and also provide a more accurate description of the property extent. There may also be a detailed plan attached to the Deed, sometimes hand drawn with measurements, angles and dimensions.

2. To ascertain the Wording and Intent of a Restrictive Covenant

The old deeds often go into laborious detail about a Restrictive Covenant, sometimes taking up a whole page with its description. Rather than copying this detail into the Title Register the Land Registry will make reference to the Deed and make a copy of it. A file note will be made at the end of the paragraph referring to the Covenant, and the Deed creating it will be referred to within the paragraph. Whenever an issue arises relating to a Restrictive Covenant (or a Personal Covenant) you should always endeavour to obtain a copy of the Deed creating it if it is available.

3. To Obtain further Details of an Easement

As with Restrictive Covenants issues may arise with regard to an Easement, and again, it would be wise to obtain a copy of the Deed creating and/or varying the easement if it is available.

4. Where Part of a Property has been Sold Off

Where part of a property has been sold it is usual to make covenants and easements relating to different parts of the property, e.g. to enable the accessing of a drive, to access water pipes, etc. The Land Registry prepare a new Title Register and Title Plan for the part sold. It is not uncommon for a dispute to arise relating to the boundaries, covenants or easements of the property sold or retained. In such a case a Prior Copy of the Title Register and Title Plan should be obtained to show the position prior to the sale, and also a copy of the Transfer Deed. This Deed would normally contain a chartered surveyor’s drawing of the land being sold and would be crucial evidence in the event of a dispute.

How to Obtain a Copy of a Conveyancing Deed

The practice of the Land Registry is to take a digital copy of a Conveyancing Deed that contains useful information that has not been entered into the Title Register. This Deed would be referred to in a paragraph of the Register and identified, and following the paragraph a memo would be made to the effect that a copy has been made of the Deed. This signifies the Deed’s availability for purchase.

All you need to do to obtain a copy is to select the Associated Documents button below to order a copy of any Deed you know to be available, and you should have it within the hour, if ordered during office hours.