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Is It Legal To Sell A Property That Has No Title Deeds?
There is no law to prevent a seller from selling their property without having the title deeds in place, but that doesn’t mean that the process will be a straightforward one.
Usually, sellers who don’t have title deeds for their property obtain possessory title deeds instead. These are given if there is no way to definitively prove the Absolute Title (an unequivocal right of ownership to the property), which is why it is also known as a perfect title. Buyers will have the peace of mind of knowing that the property they are purchasing is free of any legal weaknesses, in cases where the original title deeds have either been damaged or lost, for example, in a flood or fire. In some cases, sellers may provide a statutory declaration to the buyer (and the buyer’s mortgage lender).
Attempting to sell a property with no Absolute Title to hand may often result in the process being long and drawn out which may be inconvenient for the buyer, however, it’s possible that the property may be sold at a lower price due to this inconvenience and the potential risks that the buyer will be taking.
Should I Buy A Property That Has No Title Deeds?
Technically, although it’s possible to purchase a property that has no title deeds, that doesn’t mean it’s a good idea. If you buy a property that has no title deeds, you’re taking a significant risk. While every property purchase comes with some risky elements, if you purchase a property that has no title deeds, you must bear caveat emptor (buyer beware) in mind.
You must be completely certain that your conveyancer knows what they’re doing, and be willing to pay more for the additional work that they’ll need to do to make sure that everything is legal and above board before exchanging contracts. If you decide to go ahead with buying a property that has no title deeds, you should also ask that indemnity insurance is included to cover you for any restrictive covenants that may be unclear.
If you’re interested in buying a property in Barnham West Sussex that has no title deeds, it’s important to get expert advice. Contact our team at Redwood & Sons Estate Agents on 01243 551122 to find out more.
