Lost Land Title: What to Do

What this lost land title guide covers

A lost title is a common problem, particularly for property that has not been dealt with for a long time or that was once held by a bank. The good news: it can be resolved. The less good news: it takes time, and time is usually what you do not have when a buyer is waiting.

Ownership is not lost with a lost land title

Ownership is determined by what appears on the land office record, not by who holds the paper. Losing the document does not make you not the owner. But dealings require the title document, so it has to be replaced before anything can proceed.

When it is usually discovered

• When selling and the solicitor asks for the original title
• When applying for a loan and the bank needs it for the charge
• When dealing with an estate after the owner has died
• After a loan is settled and the bank cannot locate the title in their custody

The basic process for a lost land title

• Official title search to confirm the particulars and current status
• Establishing when and how the document was lost, and who held it last
• Preparing the application and the required supporting documents
• Lodging the application at the land office
• Waiting for the process and issue of the replacement title

What delays a lost land title application

• Uncertainty over who held the document last
• The bank has merged or changed name, so records have to be traced
• Particulars on the record differ from current identity documents
• The registered proprietor has died, so the estate has to be resolved at the same time
• An unresolved caveat or charge

If there is a buyer waiting

A sale cannot complete without the title document. Tell your solicitor and the buyer early so the completion period in the sale and purchase agreement allows for the time required.

Start the replacement application alongside the sale rather than waiting until completion is near. Fixing a tight date without allowing for the application almost guarantees an extension request and late interest.

If the buyer will not wait, the alternative is to terminate the transaction in an orderly way and remarket once the replacement title is obtained.

If the bank lost it

This happens, particularly with older loans that have been settled. Start by obtaining written confirmation from the bank about the loan status and whether they still hold the document. That confirmation is useful in the replacement application.

How to avoid it

• Keep the title somewhere secure and known to more than one family member
• Once a loan is settled, deal with the discharge and return of the title promptly
• Run periodic title searches to confirm the position
• Keep a colour copy stored separately from the original

A copy does not replace the original for registration, but it helps considerably when a replacement application has to be made.

Record where the document is kept and tell at least one family member. A grant lost after the owner’s death is a far more complicated problem than one lost while the owner is alive.

If the bank holds the grant

For a property still under charge the bank normally holds the title document. If the bank cannot locate it, the bank should issue written confirmation of the loss.

Written confirmation matters because an application for a replacement title requires an explanation of how and when the document was lost. A complete explanation speeds the application up.

Do not rely on a verbal assurance that the bank will handle it. Check the position in writing and keep a record of every communication.

Questions worth asking about a lost land title

When and how the title document was lost, so far as anyone knows.

Whether the bank holds it, and whether the bank has issued written confirmation.

What documents are needed for a replacement application.

How long the process usually takes.

What I should tell a buyer who is waiting.

Frequently asked questions about lost land title