Where are the original Title Documents

[navigator61]

Hello

Just purchased a property for cash and, following completion, gave instructions to the conveyancer for the onward supply to me of the original title documents. I have received a rather confusing reply in which he claims there are no original documents as everything has been exchanged electronically. The only document that will be provided is an electronic copy of the title, sent by email.
Whilst I understand that HMLR will usually receive registration documents electronically and indeed there will be electronic transmission between conveyancers, unless the original documents - previous transfer deeds etc. have been shredded they must exist and should be in the possession of my conveyancer. As my vendor was a mortgagor I assume also that the mortgagee previously held the documents.
Any advice on how to pursue this gratefully received.

[Peridot]

Hi Navigator61,
Following changes to HM Land Registry (HMLR) procedures title deeds are no longer necessary, unless the land is unregistered (of which there remain a few but not many). Unfortunately when the rules changed many documents including historic 'conveyance' documents were destroyed by HMLR without asking current owners if they wished to keep them (for interest sake).
Any restrictive covenants for example from old documents will have been recorded by HMLR and will be held electronically by HMLR. Mortgage lenders no longer hold title deeds either as there will be a charge against the title information held at HMLR to demonstrate the mortgage so no sale can take place without the charge being settled.
Any documents such as guarantees for new windows, roofs etc should still be passed to the new owners if they are relevant but nothing else is necessary.
Historically title deeds were evidence of ownership, this is no longer the case with registered land. Hopefully that answers your query.
Maybe the change which happened some years ago now was due in part to the cost of storing all the papers. From a social history point of view, it is a shame many of the older documents have been destroyed.

[navigator61]

Hi Peridot
Many thanks for your swift reply. The property is only three years old so I guess the 2015 conveyance from the developer to my vendor will have been undertaken via electronic transmissions and if the original documents no longer exist they must have been destroyed, presumably by either HMLR or the conveyancers involved. As original documents in the form of transfer deeds are nevertheless produced at each conveyance are these now systematically destroyed by conveyancers once registration has taken place?

[Peridot]

Hi again,
Following HMLR destroying some beautiful older documents I think many conveyancers would be minded to ask clients whether they wish to keep them now but this isn't a standard procedure I'm afraid. It may be worth contacting HMLR to see if there are electronic copies of the first conveyance documents. Your conveyancer should have reported the necessary information relating to road adoptions and any restrictive covenants when they acted for you?
I would hope that things such as NHBC certificates have been provided to you as there will be a few years to run on that?
HMLR can be contacted and copies of title deeds obtained here:- https://www.gov.uk/get-information-a...opies-of-deeds

[navigator61]

Hi

Yes, HMLR electronic copies of transfers, dating from the landowner sale to the developer onward, were emailed to me. Sadly, I doubt the much older and historically valuable deeds are available. Seven years of NHBC guarantee remains and a copy of this was emailed to me prior to completion and I have since registered ourselves with the NHBC as new owners. Originals of all guarantees have been left by the vendor in the property. Anyway, from what you say it would seem all is in order.

Thank you very much for your advice.