Sometimes, when a person tries to sell a property, it transpires that some or all of the title deeds cannot be found. This can lead to extensive delays while searches are made for the originals.
Your solicitor can reconstitute the lost title deeds. It just takes time.
In cases where a title deed is registered in the Registry of Deeds, it is possible to obtain an Attested Copy Memorial of the deed. This is a summary of the original deed, and secondary evidence of the content of the deed.
An affidavit should be obtained explaining the loss of the deeds, sworn by the person who last had the deeds, or a person with the most knowledge of their whereabouts. This could be the registered owner, or, for example, a bank official, if the deeds go missing while being held as security for mortgage purposes.
In addition, depending on the type of title deed that has been lost and in order to make the title deeds to the property marketable, one can obtain a Lost Title Bond – an insurance bond to the value of the property.
The key is to give your solicitors as much time as possible, in advance of a possible sale, to avoid delays.
If you would like more information on the above or would like our assistance with any property related matters, please do not hesitate to contact our highly experienced team of property law professionals at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.