Martin W Posted June 10, 2009 Share Posted June 10, 2009 Anyone know how to get hold of a copy of the deed which transfers ownership of your land and which specifies any restrictive covenants on it. Normally with a diagram This is NOT the Title deeds I'm talking about, which are electronic nowadays I got a parking place on my land and an offensive neighbour Quote Link to comment Share on other sites More sharing options...
Chilli Red Posted June 10, 2009 Share Posted June 10, 2009 Anyone know how to get hold of a copy of the deed which transfers ownership of your land and which specifies any restrictive covenants on it. Normally with a diagram This is NOT the Title deeds I'm talking about, which are electronic nowadays I got a parking place on my land and an offensive neighbour Surrey Heath Borough Council They should have all the info you need Martin, you may have to pay though Quote Link to comment Share on other sites More sharing options...
Chris`I Posted June 10, 2009 Share Posted June 10, 2009 Anyone know how to get hold of a copy of the deed which transfers ownership of your land and which specifies any restrictive covenants on it. Normally with a diagram This is NOT the Title deeds I'm talking about, which are electronic nowadays I got a parking place on my land and an offensive neighbour Surrey Heath Borough Council They should have all the info you need Martin, you may have to pay though Yup, I think Sarah is right, the council hold them all. Should be able to give you a copy, but they'll take the chance to charge you! Quote Link to comment Share on other sites More sharing options...
Sarnie Posted June 10, 2009 Share Posted June 10, 2009 The solicitor you used may have access to them.......... Quote Link to comment Share on other sites More sharing options...
Ebized Posted June 10, 2009 Share Posted June 10, 2009 Council's do not have that info on private property. You should be able get it from the land registry (providing the property has been registered) and see the info on-line. That is how solicitors do it these days and don't keep/bother with paper copies. Banks/building societies who have an 'interest' in the property may have copies but they tend to charge silly access fees. Try this link http://www1.landregistry.gov.uk/direct/ ... efault.asp Quote Link to comment Share on other sites More sharing options...
Chris`I Posted June 10, 2009 Share Posted June 10, 2009 My bad, I thought local councils held paper copies of the deeds even thought it is Land Registry who hold all the proper info Quote Link to comment Share on other sites More sharing options...
Chilli Red Posted June 10, 2009 Share Posted June 10, 2009 My bad, I thought local councils held paper copies of the deeds even thought it is Land Registry who hold all the proper info They don't hold copies of deeds but do hold drawings showing boundaries Quote Link to comment Share on other sites More sharing options...
Chris`I Posted June 10, 2009 Share Posted June 10, 2009 My bad, I thought local councils held paper copies of the deeds even thought it is Land Registry who hold all the proper info They don't hold copies of deeds but do hold drawings showing boundaries Sorry thats what I meant, the boundries. I'm not in a very coherant mood tonight, I think I will just shutup and go to sleep Quote Link to comment Share on other sites More sharing options...
Ebized Posted June 10, 2009 Share Posted June 10, 2009 My bad, I thought local councils held paper copies of the deeds even thought it is Land Registry who hold all the proper info They don't hold copies of deeds but do hold drawings showing boundaries Sorry, but Council's don't hold such information unless it is property they own. It is common misunderstanding that Councils will know property boundaries but they don't. The Land Registry is the place to go, something in my line of work as a town planner I have to from time to time to help people out trying to clarify their boundaries before undertaking a building project Quote Link to comment Share on other sites More sharing options...
Chris`I Posted June 10, 2009 Share Posted June 10, 2009 Nice one Colin, I guess its a pretty widespread misconception Quote Link to comment Share on other sites More sharing options...
Martin W Posted June 10, 2009 Author Share Posted June 10, 2009 My bad, I thought local councils held paper copies of the deeds even thought it is Land Registry who hold all the proper info They don't hold copies of deeds but do hold drawings showing boundaries Sorry, but Council's don't hold such information unless it is property they own. It is common misunderstanding that Councils will know property boundaries but they don't. The Land Registry is the place to go, something in my line of work as a town planner I have to from time to time to help people out trying to clarify their boundaries before undertaking a building project I've tried the land registry before and got 1 sheet of paper with areference. Colin, whats the right term for the paper signed by the builder and first owner with the property boundary diagram? Quote Link to comment Share on other sites More sharing options...
Stew Posted June 11, 2009 Share Posted June 11, 2009 Hmmm I got a plan complete with alterations from the council and my house is private and always has been..... Lucky I guess! Quote Link to comment Share on other sites More sharing options...
Chilli Red Posted June 11, 2009 Share Posted June 11, 2009 Hmmm I got a plan complete with alterations from the council and my house is private and always has been..... Lucky I guess! Colin you are probably right generally but, I know from experience that Surrey Heath Borough Council have micro fishe sheets showing boundaries. I had an issue with a footpath and looked all the boudaries up at our council (SHBC) quite recently. Worth a try Martin, they may have disposed of them but can't see why they would after so long. Quote Link to comment Share on other sites More sharing options...
Cara Posted June 11, 2009 Share Posted June 11, 2009 Okay, few questions, was your house built by a private builder Martin? And when? Or is it ex local authority? The old system of recording title deeds was called the General Register of Sasines. Every time there was a transfer of property a deed would be drawn up and added to the collection pertaining to that property. So each property would have a whole pile of old deeds dating back hundreds of years in some cases (I should know, I have such piles all over my office!) When Land Registration came into effect, any transfer of a property would induce registration in the Land Register (so of course not all properties are registered in the Land Register, if they haven't had a transfer since the time Land Registration came into effect for that area - that date varies according to geographical area). Registration in the Land Register produces what is called a Land Certificate for the property - a single document being the title deed (yes, held electronically and can be accessed as such, but the paper Land Certificates still very much in use and if you have a mortgage would be with your lender). All the old title deeds became redundant and could be disposed of/kept by owner for historical interest/kept by solicitor. Therefore, if your property is Land Registered then trying to 'look behind' the Land Certificate becomes tricky as the older deeds could have been disposed of, or they might have been kept, just depends. In saying that, the Land Certificate should have a plan and show a note of all the background deeds which contain the burdens (I think what you refer to as restrictive covenants - perhaps an English/Scottish thing) pertaining to the property. It sounds as if that should really give you all the info you need. But then if you say you only got a one page thing, then that is NOT the full Land Certificate. For reference, the original transfer of a property (whether by a builder or by local authority) is called the Feu Disposition. As I said, if your property is Land Registered this became redundant and could be anywhere.... Sorry for the essay, I didn't realise it was going to be so long. And that's only a very brief simplified explanation! Quote Link to comment Share on other sites More sharing options...
Chesterfield Posted June 11, 2009 Share Posted June 11, 2009 As sarnie says, the solicitor used may have a copy, or if not the bank with whom the mortgage is with. Ours weren't electronic, the bank sent them to us. Included with the title deeds etc are copies of land registry reports and diagrams which show the boundry lines. Quote Link to comment Share on other sites More sharing options...
Martin W Posted June 11, 2009 Author Share Posted June 11, 2009 Okay, few questions, was your house built by a private builder Martin? And when? Or is it ex local authority? The old system of recording title deeds was called the General Register of Sasines. Every time there was a transfer of property a deed would be drawn up and added to the collection pertaining to that property. So each property would have a whole pile of old deeds dating back hundreds of years in some cases (I should know, I have such piles all over my office!) When Land Registration came into effect, any transfer of a property would induce registration in the Land Register (so of course not all properties are registered in the Land Register, if they haven't had a transfer since the time Land Registration came into effect for that area - that date varies according to geographical area). Registration in the Land Register produces what is called a Land Certificate for the property - a single document being the title deed (yes, held electronically and can be accessed as such, but the paper Land Certificates still very much in use and if you have a mortgage would be with your lender). All the old title deeds became redundant and could be disposed of/kept by owner for historical interest/kept by solicitor. Therefore, if your property is Land Registered then trying to 'look behind' the Land Certificate becomes tricky as the older deeds could have been disposed of, or they might have been kept, just depends. In saying that, the Land Certificate should have a plan and show a note of all the background deeds which contain the burdens (I think what you refer to as restrictive covenants - perhaps an English/Scottish thing) pertaining to the property. It sounds as if that should really give you all the info you need. But then if you say you only got a one page thing, then that is NOT the full Land Certificate. For reference, the original transfer of a property (whether by a builder or by local authority) is called the Feu Disposition. As I said, if your property is Land Registered this became redundant and could be anywhere.... Sorry for the essay, I didn't realise it was going to be so long. And that's only a very brief simplified explanation! private, built 1988 formerly part of a Wholsale garden nursery, By a now wound-up susbsidiary of Big Construction firm I bought from the First owners in 2000, and i've got a copy of mine from my Solicitor (Transfer from AZ builders to previous owners )somewhere. I have a dispute with neighbour 2 doors away. My immediate neighbour has a set of Documents which have a clause preventing him from parking on my property, and he respects that clause, but I want a copy of the "Feu Disposition" for the neighbours 2 doors away Thanks Just want to know what exactly to ask for and from who ? - The council weren't that helpful when I last rang, but I didn't know whether to stick with them and badger away until I spoke to the right person. Quote Link to comment Share on other sites More sharing options...
Stew Posted June 11, 2009 Share Posted June 11, 2009 Most people in the council don't have a clue what their job is. It could take weeks to get anywhere! Quote Link to comment Share on other sites More sharing options...
zedwagon Posted June 11, 2009 Share Posted June 11, 2009 go on the land registry website and download the "official copy entries and title plan" of your house. these are effectively the title deeds. then look at them and you should be able to see reference to the Transfer/Lease from the builder to the previous owner. you should then be able to download an "official copy" of that Transfer/Lease (as long as the land registry has a copy but is it is relatively recently they should have). You should then be able to see the restrictive covenants in the Transfer/Lease and you will also get the plan to the Transfer/Lease - although you may need a solicitor to intepret them! You may need to look at any other transfers/conveyances/leases referred to in the official copy entries aswell. there may also be restrictive covenants and other provisions set out in the official copy entries themselves If you get stuck ring the Land Registry - they are helpful (although they won't give you legal advice) The Council won't have any of this info - the only useful info they might have is if the parking space you refer to is an adopted highway - i.e. anyone can park there p.s. if you want to see the title deeds for your neighbour 2 doors away you can do the same as above for his house p.p.s i think cara is talking about the scottish system which is different from england and wales (and things have different names) and i'm assuming you're in england! Quote Link to comment Share on other sites More sharing options...
stanski Posted June 11, 2009 Share Posted June 11, 2009 go on the land registry website and download the "official copy entries and title plan" of your house. these are effectively the title deeds. then look at them and you should be able to see reference to the Transfer/Lease from the builder to the previous owner. you should then be able to download an "official copy" of that Transfer/Lease (as long as the land registry has a copy but is it is relatively recently they should have). You should then be able to see the restrictive covenants in the Transfer/Lease and you will also get the plan to the Transfer/Lease - although you may need a solicitor to intepret them! You may need to look at any other transfers/conveyances/leases referred to in the official copy entries aswell. there may also be restrictive covenants and other provisions set out in the official copy entries themselves If you get stuck ring the Land Registry - they are helpful (although they won't give you legal advice) The Council won't have any of this info - the only useful info they might have is if the parking space you refer to is an adopted highway - i.e. anyone can park there p.s. if you want to see the title deeds for your neighbour 2 doors away you can do the same as above for his house Ooooww I was gonna say all of that Quote Link to comment Share on other sites More sharing options...
Cara Posted June 11, 2009 Share Posted June 11, 2009 Martin, it sounds like you need to see the original deed for the house two doors away by the builder in favour of whoever purchased that house. You will probably find that the same style was used for all the houses (builders solicitors will have their standard style, what with them all presumably being sold at the same time) and will contain similar 'restrictive covenants' (as you English put it!). Often there is a 'Deed of Conditions' in place which governs the whole estate (I don't know though, maybe that's a Scottish thing again!). Now, in my line of work I would just order up a search through the professional searchers we use to obtain a copy of the deed, and the ordinary public would contact the Land Registry/use their site to make enquiries and order copies (either that or they contact the likes of me to find out on their behalf for a much higher fee!). But it sounds like the system is much different in Scotland. I have absolutely no knowledge of English law or systems. What Lucy said seems to make much sense, worth a try! Quote Link to comment Share on other sites More sharing options...
Chris`I Posted June 11, 2009 Share Posted June 11, 2009 Where are they parking on your property? I say stick signs up to say clamping is in operation and then clamp them if they are on your property. If it is indeed your property, I beleive this is compeltely legal and it might pay for a mod or 2 to your car Quote Link to comment Share on other sites More sharing options...
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