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I have looked everywhere for the deeds of my house, to no avail. Can it be sold?

22/04/20224 min read Lela

I simply cannot uncover the deeds of my property. I have seemed everywhere you go, to no avail. Banks and constructing societies that I did organization with more than the many years all say the exact same issue: not listed here. There is seemingly proof that they ended up despatched to some tackle by registered article.

I was a professional traveller, so I used to be absent from Monday to Friday somewhere in the state and they definitely would have arrived even though I was away travelling. My spouse died in June 2021 and I was possessing a new will made when I realised I could not locate the deeds.

I referred to as to exactly where I believed the Land Registry Business utilized to be, on Nassau Road, but it’s not there any additional. I seemed in the drawer at property where I believed the deeds of the dwelling had been saved, but they had been not there. I can not check with my wife whether or not she moved them. I’ve appeared everywhere you go: as I reported, to no avail.

I’m 83 this 12 months and I would appreciate any assist and guidance. My solicitor has completed a lot of get the job done on my circumstance, to no avail. I would be obliged if you could permit me know my predicament if the home have been to be set up for sale. It will not be by me, but by whoever the residence is still left to. (This letter was despatched in the write-up.)

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Acquiring carried out an first look for in the Land Registry I can ensure that the title to your assets is identifiable. A Land Registry identify search will ensure the folio quantity. Alternatively, the folio variety of your residence can be ascertained by carrying out a research in the Land Registry applying your Eircode. You can call the Land Registry directly and they should really be in a position to aid you. You or a relatives member can also obtain this data by logging on to the Land Registry web page, landdirect.ie.

The folio is your primary title document that would be required for any sale of your residence. This can be ordered from the Land Registry at a charge of €40. You talked about that you created get in touch with with banks and developing societies you did enterprise with in the earlier. They have evidence that the deeds have been returned to “some address” by registered article. I advise you go back again to those establishments and request them to give you the handle the paperwork were sent to.

As the assets is registered title, the folio is your primary document of title. You do not have to be worried that the title deeds are lacking as there are unlikely to be any important paperwork with initial title paperwork. The absence of the paperwork need to not hinder a upcoming sale of your house.

If you obtained the assets below an Indenture of Lease, a licensed copy of this document will be expected for a long term sale. A accredited duplicate of the lease can be taken up from the Land Registry by requesting the duplicate instrument from whence you turned the registered proprietor.

There might have been preparing paperwork with your authentic deed pack which would have to be reconstituted. A organizing research with the Nearby Authority would detect any planning permission related to your house. A chartered surveyor, engineer or architect can put together an belief on compliance retrospectively centered on an inspection of your household.

In summary, you should really not be worried as you can get copies of all your title documents without the need of also significantly difficulty.

Gina Mullen is a lover at P O’Connor & Son, Solicitors, poconsol.ie

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