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In early 2025, our Residential Property team were instructed by a client who urgently needed help selling his late parents’ home. Although he held Letters of Administration and was legally responsible for the estate, there was one major problem – the property was unregistered, and the original deeds had completely disappeared.
Facing mounting pressure and the risk of losing a sale, he turned to us for guidance. Through careful evidence gathering, close client support, and a successful application based on adverse possession principles, we helped reconstruct the title and get the property registered – enabling a smooth sale to proceed.
Adverse possession is a legal process that allows someone to apply for ownership of land or property if they (or previous occupiers) have been in continuous, exclusive possession for a long period – typically at least 10 to 12 years – and can demonstrate this with evidence.
In cases involving unregistered land, adverse possession can be used to support a first registration application, especially where title deeds are missing. HM Land Registry will assess the evidence and may grant either:
Applications are made to HM Land Registry and often involve detailed statements and supporting documentation.
Our client’s parents had lived in the property since 1986. After both had passed away, he became administrator of the estate and planned to sell the home.
Unfortunately, no deeds could be found. The original solicitors were no longer trading, and there was no straightforward paper trail confirming ownership.
Understandably, he was anxious. Without title and ownership evidence, the property couldn’t be sold, and he was already in discussions with estate agents.
What followed was a real detective exercise. Working closely with him, we helped identify what evidence might still exist. He searched through old address books and diaries, contacted banks and building societies, and tracked down anything that could show long-term occupation.
Over time, he managed to provide:
While unconventional, this combination of documents helped demonstrate continuous ownership and occupation over nearly 40 years.
We carefully reviewed and organised all available evidence, prepared a detailed Statement of Truth, and submitted a first registration application on behalf of the estate.
From the outset, we advised that, due to gaps in formal documentation, the likely outcome would be possessory title, rather than absolute title. We also explained the role of indemnity insurance to protect future buyers.
Once a sale was agreed, we requested expedition of the application by supplying the sales memorandum to HM Land Registry. As a result, registration was completed in around five working days – a fantastic outcome that prevented serious delays to the transaction.
The property was successfully registered, indemnity insurance was put in place, and the sale proceeded smoothly.
Partner and Head of Residential Property at Fosters Solicitors, Rebecca Laws commented: “This was a complex and emotional matter for our client, involving years of missing paperwork and a lot of uncertainty. By working closely together and building the strongest possible evidence case, we were able to secure registration and keep the sale on track. We’re always happy to help clients navigate situations like this – even when it means piecing together history from diaries and decades-old documents.”
Unregistered property and missing deeds can feel overwhelming, particularly during the probate process or a sale, but with the right legal support, these situations are entirely manageable.
Our expert conveyancing team regularly assists with:
We also strongly recommend voluntary registration of property, even if you still hold your deeds. Registered land is far easier to sell or transfer, reduces risk, and avoids exactly the kind of stress this client faced.
If you’re dealing with missing deeds, probate property, or concerns about ownership, our friendly conveyancing team is here to help. Get in touch today to discuss your situation – early advice can make all the difference.
