I cannot find the deeds of my home. I’ve looked everywhere, to no avail. Banks and building societies that I did business with over the years all say the same thing: not here. There is apparently proof that they were sent to some address by registered post.
I was a commercial traveller, so I used to be away from Monday to Friday somewhere in the country and they obviously would have arrived while I was away travelling. My wife died in June 2021 and I was having a new will made when I realised I couldn't find the deeds.
I called to where I thought the Land Registry Office used to be, on Nassau Street, but it's not there any more. I looked in the drawer at home where I thought the deeds of the house were kept, but they were not there. I can't ask my wife whether she moved them. I've looked everywhere: as I said, to no avail.
I'm 83 this year and I would appreciate any help and advice. My solicitor has done a lot of work on my case, to no avail. I would be obliged if you could let me know my situation if the property were to be put up for sale. It won't be by me, but by whoever the house is left to. (This letter was sent in the post.)
Having carried out an initial search in the Land Registry I can confirm that the title to your property is identifiable. A Land Registry name search will confirm the folio number. Alternatively, the folio number of your property can be ascertained by carrying out a search in the Land Registry using your Eircode. You can contact the Land Registry directly and they should be in a position to assist you. You or a family member can also obtain this information by logging on to the Land Registry website, landdirect.ie.
The folio is your main title document that would be required for any sale of your property. This can be ordered from the Land Registry at a cost of €40. You mentioned that you made contact with banks and building societies you did business with in the past. They have proof that the deeds were returned to “some address” by registered post. I advise you go back to those institutions and ask them to give you the address the documents were sent to.
As the property is registered title, the folio is your main document of title. You do not have to be concerned that the title deeds are missing as there are unlikely to be any significant documents with original title documents. The absence of the documents should not hinder a future sale of your property.
If you acquired the property under an Indenture of Lease, a certified copy of this document will be required for a future sale. A certified copy of the lease can be taken up from the Land Registry by requesting the copy instrument from whence you became the registered owner.
There may have been planning documents with your original deed pack which would have to be reconstituted. A planning search with the Local Authority would identify any planning permission relevant to your house. A chartered surveyor, engineer or architect can prepare an opinion on compliance retrospectively based on an inspection of your house.
In summary, you should not be worried as you can get copies of all your title documents without too much difficulty.
Gina Mullen is a partner at P O’Connor & Son, Solicitors, poconsol.ie
