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Title Deeds

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patbhoy | 16:37 Wed 28th Feb 2007 | Law
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My father passed away in October 2005 , my brother is executor to his will.
As yet his estate has not been wound as my fathers house has not yet been put on the market.
My brothers excuse is that the title deeds to the property have been lost and because of this cannot put the house up for sale.
He claims he has applied to the land register for replacement deeds but has had no reply.
Does he need to have the deeds in order to put the property on the market (Scottish Law).

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Not completely sure about Scottish law but in the UK generally the Deeds are usually irrelevant, it's the land regstry entry that matters. Ask any conveyancer if the house can be sold, I'm pretty sure it can be.
You yourself can get copies of the title deeds from Registers of Scotland within a matter of days. There is a charge but it's less than twenty quid.

http://ros.gov.uk/
But Loosehead is absolutely right, Pat. You (or any seller) doesn't need the title deeds to sell. The buyer pays their solicitor to buy copies of the deeds from ROS and they check to see if there are any problems - e.g. does the seller really OWN the property as claimed, or does anyone have a right to possess the property (a trustee in bankruptcy or the bank perhaps?).

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