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Personal Finance
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Vital to protect your valuable house deeds
Sile McArdle

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IF you have been chipping away at your mortgage . . . perhaps you put your SSIA into it earlier this year . . . and are close to being able to clear it, don't forget another potential cost: the storage of your precious house deeds.

The bottom line is that you really don't want the inconvenience of anything unforeseen happening to these valuable documents. At the very least, it makes sense to have photocopies, and to keep them separate from the originals.

Given that lenders don't safeguard deeds once the mortgage has been paid off what are your main options?

KEEPING THEM AT HOME:

Check your insurance policy to see if you have cover for lost, stolen or destroyed title deeds. Hibernian Insurance, for instance, automatically insures deeds for up to 1,000.

"There is no requirement that people store title deeds off-site, " commented Hibernian spokesman Alan Tyrrell.

"However, like all important documents and other valuables, it is good practice to store them securely. This could be something like a fireproof safe at home, though.

And if you think they are more valuable than merely deeds, if the documents are ancient, for instance, talk to your insurer about them."

AT YOUR BANK: With space at a premium, AIB does not offer the service, and nor does Bank of Ireland or Anglo Irish Bank, but Ulster Bank does, at 47 per annum. If you're with one of the smaller banks, though, or your branch is a local one, there's nothing lost by asking.

AT YOUR SOLICITOR'S OFFICE:

Your solicitor may be willing to safe-keep your title deeds for you, and two leading Dublin solicitors told the Sunday Tribune that they would never charge for this. However, it may be advisable to clarify the repercussions should anything happen to them, especially if it is an arrangement without payment. Having the deeds with your solicitor also means that if you wish to sell up, you will have to contact him or her, creating the natural expectation that you will be retaining the firm for the new business.

WITH A STORAGE COMPANY:

File Stores (www. filestores. com) in west Dublin is recommended by EBS and charges 60 for five years, or 100 for 10, payable in advance. Release of documents costs 20, including VAT. DFS (www. documentstorage. ie) in Co Meath charges 18.15 per annum, payable in advance, and would normally ask that the documents be stored for three years. However, a yearby-year agreement is also possible . . . refunds will depend on the timing and circumstances. Do check the specifics about refunds, or penalties, should you wish to redeem your deeds earlier than the specified contract, for instance, if you intend to remortgage and, as always, shop around at renewal time.

Depending on how your title has been registered . . .

with Land Registry or Registry of Deeds . . . your bank or building society may be releasing a substantial dossier to you. Registry of Deeds traditionally records the ownership history of the property since it was built, so you are more likely to get a larger bundle than if under Land Registry, which simply uses folios of the current registered owners without the need to investigate prior title.

According to Ken McCutcheon at EBS Securities, the main documents under both Land Registry and Registry of Deeds will be those relating to core ownership, planning and compliance, and various statutory declarations covering such issues as right-of-way and third-party interests. However, in Land Registry cases only, the Registration of Titles Act 2006 means that the core document, the Land Certificate, is retained to allow for the introduction of e-conveyancing.

While it's entirely possible to replace lost, stolen or destroyed deeds . . . it's timeconsuming and can be costly.

If your title is a Land Registry one (since the Registration of Titles Act 2006), an application can be made to the Property Registration Authority (PRA) to cancel the lost Land Certificate and bypass the need to apply for a duplicate. However, affidavits will have to be sworn by all the relevant parties to the loss, and notification of the PRA application must be published in the Law Society Gazette and a local newspaper. In the more heavily documented Registry of Deeds cases, a PRA application can be made for sworn copies of all deeds, past and present, and you'll need to track down copies of all the planning permissions, from your local council. A qualified architect can then provide retrospective written opinion on the planning permissions.

You may also need legal advice on whether to take out a Defective Title Bond, which protects purchasers from any future third-party claim on the property, McCutcheon said.


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Back To Top >> 18/11/2007





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