Original Deeds Lost

My Church has its deeds held centrally by our National HQ Trust Property Committee and last year on a query made by us we were told that the Deeds held on our behalf had been lost. At our Church AGM this year I have been given an action point on Land and Property, so I have just been on the Land Registry Web Site to find what the advice is on how lost deeds for any reason, would be declared to you and replacement deeds generated.

I did not find anything in the FAQ to cover this. If I can be pointed to where this information can be found, I would be most grateful. It would appear that there has been no movement at our National HQ Trust Property Committee, so if I can pass these details on, it should start the ball rolling at the right level, I hope!

Peter - I assume that the land/property is unregistered and if so then our PG 2 explains how to apply to register for the first time - First registration of title if deeds are lost or destroyed (PG2) - GOV.UK

Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Find out about making an application without legal representation.

Thanks for the quick reply. This is a registered property, our church could pay £25 to see a copy of the title deeds using Land Registry Online but as the registered title/deeds are held by our Trust Property Committee, I assume all is in digital form, so is it just a case of them paying the appropriate fee to re-acquire the digital title/deeds? Is a digital form the standard now?

The purchase of our Church Hall was done in 2007, so I would have thought paper deeds would have had to be digitised at that time. This is a 1960's build property if that helps. Was it the case that the 2007 purchase could not happen unless it was all made digital anyway?

Due to the 'Sole Trust' mechanism, I expect although it is our money that is used for the purchase the Trust Property Committee will be shown as the owners. Our purchase was made from the previous church occupiers through the 'Sealed Bid' process under the Charity Commission's rules in 2007.

We are in 'Sole Trust' to our National HQ, which means it is they who hold the title/deeds. The advantage of 'Sole Trust', is that this mechanism prevents anyone selling the church property without the knowledge and consent of the congregation and running off with the money! I know of no plans to come out of Trust, so technically there is no urgency is finding the missing title/deeds but it has fallen to me to start a sort out.

It is always the National HQ's solicitor who transacts the purchase on our behalf of any Sole Trust Church and the Title/Deeds are then held by the Trust Property Committee after the sale is completed with the use of our money. Perhaps you did not need to know all this.

It is just a strange situation to be in ...to be told by the Church Property Committee that they 'lost the deeds' and so I am trying to find the best way forward to put things right from a distance, even though it is clearly down to the Trust Property Committee to act. I find it strange that  no action was offered by them to sort this out and consequently to be thrown into the lap of a lay volunteer of the church concerned to provide the necessary to give them a gentle nudge.

My idea is to set out what the correct Land Registry process that needs to be followed for our Church Property Committee (National Level), to re-acquire the title/deeds (assumed to be digital), that they have declared as lost and pass this back to the Church Officials who gave me this Action Point and leave it for them to deal with the Trust Property Committee directly, to that effect.

I have gone to some lengths to describe how I have come to this point, in case you need to give me any clarification questions to be put back via me to our National Trust Property Committee, to untangle any sticking point that I can't quite grasp.

Peter - you can search online or apply by post for a copy of the registered information. The register/title plan are in effect the 'title deeds' 
Search for land and property information - GOV.UK
Before doing so you may find our blog article of interest - Where are my title deeds, and do I need them? – HM Land Registry
Registration is made based on the first sale/transfer after a trigger date. If that was in 2007 then the registration would have been completed and the title is then stored electronically/digitally
We register the legal ownership and the register will confirm that for you. We have no record of how the trust works for example and would have no role in 'policing' same. The register may for example refer to restriction(s) that restrict the registered owner from doing as you suggest
If you wish to check and confirm what was submitted on first registration, and then returned to the person/firm that applied, then you can use our contact form to do so - Public guidance: dealing with land and property - GOV.UK
As the blog article explains the old deeds/documents have no 'ownership' value if the property is now registered. But clearly they have some wider value to you/the Committee for example 

Thank you Adam,

You have helped me complete this work in short order.

I have a good idea now that many, if not most, of our churches in 'Sole Trust', that I do not need to trouble you with, will not have changed hands in the last twenty years, so their deeds/title will still be in paper form and not be upgraded to digital until they leave their current building.

The reason behind this problem is therefore most likely to be that someone in our Trust Property Committee went looking for paper, did not find it and reported back on that basis. Paper was not found because there isn't any in our case as our registered title/deeds are all electronic and that assessment and your latest answer is what I will now pass back to my senior Church Officials for them to put back to the National Trust Property Committee.

Just for me now to put it all in an e-mail and pass it to them, as I shoot out of the door for a church service ...with a burden lifted, Action Point done!

Thanks Again

Peter