The deeds for an estate with unregistered land are missing. What should I do?

I’m acting for executors of an estate with unregistered land. We have not been able to find the deeds. I’m instructed to apply to HM Land Registry for registration of a property owned by the deceased whose deeds are missing and presumed destroyed. How should I proceed?

The procedure is outlined in the HM Land Registry practice guide 2 on first registration of title if deeds are lost or destroyed (PG2).

HM Land Registry recommends that you use Form ST3 (lost or destroyed deeds: statement of truth) to accompany Form FR1 and Form DL.

Form ST3 sets out the framework for the information, and evidence your clients will need to supply.

You’ll also need to include evidence of possession with the application. This may be:

  • a recent utility or council tax bill
  • evidence of receipt of the rent and profits

For further information, see HM Land Registry practice guides PG1 (first registrations) and PG2 (first registration of title if deeds are lost or destroyed).

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.


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