When you own an unregistered land with a mortgage, you might never be able to see the title deeds since they will be held by the mortgage lender to act as security against the mortgage loan.
The major question will, therefore, be where are your title deeds? The mortgage lender will be excited while supplying you with a title deeds copy but will ensure they charge you a fee.
When owning unregistered land without a mortgage, you will be forced to hold the title deeds, but you may as well deposit them in a bank for safekeeping.
When you are the registered owner of the mortgage, the mortgage lender will be holding the title deed to act as security against the mortgage loan.
When dealing with Boundaries of Registered and Unregistered land, the parcel clause of the conveyance holds the key to one’s understanding of the boundaries lands parcel. The parcels clause is usually containing a phrase that is similar to the phrases below.
The same is present for identification which is shown on the attached plan
The same is delineated on the attached plan
The same is for the identification purposes only delineated on the plan attached on its face
The first one is urging people to take note of conveyance wording and to ignore the laid plan
The second is urging people to take good note of the plan and ignore conveyance wording.
The third one is confusing.
Let us look first at how the parcels clause describes the parcel of land regarding its boundaries. There are several shortcomings that are routinely found in the parcels clause:
-Dimensions, when given, are usually approximate
-It is extremely rare for the physical feature along which the boundary runs
-It can become impossible to know the exact shape of the parcel when dimensions are not precise.
-The parcels clause does not always quote the dimensions of the parcel of land
-The source of the dimensions in unclear – what they were measured with, who they were measured by
When you need help determining the exact size of your plot of land, you may need to seek professional advice. A chartered surveyor can offer a survey of all the documentation to help resolve any boundary disputes.
In some cases, the title deed may not be needed as security because the country and the interest of the land guarantee the registered land title is protected since they have registered a fee against the title.
When the mortgage lender does not have the title deeds, it implies that the title deed has been returned to you or to the title’s predecessor who has then passed them to you. In a few cases, the title may have been destroyed.
In a case where they have destroyed the title, there is a need of enquiring from land registry on whether they have a copy of pre-registration title deed on their files. The land registry workers will happily provide you with an official copy after you give them a small fee.