"Possessory title": what does it really mean?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • "Possessory title": what does it really mean?

    Hello all at LLZ!

    Please consider me a bit of a newbie/numptie..... So excuse the silly question.

    I've been using a bit of land for 12 years, and have been very thorough indeed trying to find the owners. I know who owns all the boundaries, and due to its layout, no one can get to it bar me.

    So - I applied for adverse possession pretty much on my own. I have been awarded "Title Possessory" of the land, with me as the named proprietor.

    what does this means in laymans terms?

    - Do I "own" the land?
    - Is it safely mine or can someone still come along and claim it?
    - Can I build on it (STPP)?
    - Can I sell it?
    - do I need to sort out indemnity insurance incase someone comes along later?

    also, as its next to my house and really part of my garden, if I sell it (if I can!) is it subject to CGT or as its my main home is it exempt?

    Thank you very much for any advice!

  • #2
    Possessory Tile (based on adverse possession) is a 'holding' title. No-one can register deeds-based ownership unless the Chief Land Registrar first serves Notice on you* and considers that the possessory title was wrongly awarded. Yes, you* can build on it or sell it; but, in either case, an Indemnity Insurance policy is essential.

    If no deeds-based ownership challenge or registration is lodged within twelve years from the date of first registration, you* can apply for the title to be upgraded (fee currently £40) to absolute; and thereafter no-one can disturb it at all.

    * -i.e. you or your then successor
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      The effect of being registered with possessory title is set out in section 11 (7) of the Land Registration Act 2002:

      Registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in derogation of, the proprietor’s title subsisting at the time of registration or then capable of arising

      Comment


      • #4
        Originally posted by Lawcruncher View Post
        The effect of being registered with possessory title is set out in section 11 (7) of the Land Registration Act 2002:

        Registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in derogation of, the proprietor’s title subsisting at the time of registration or then capable of arising
        True, but not wildly helpful in practice! OP was, I think, asking what it means in layman's terms!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Thanks both.

          Are you able to suggest any insurance companies who may take this risk? And any idea on what sort of premium I may be liable for? (roughly obviously!)

          Good news on build/sell - the plan is to get PP and sell everything up and move to the country! Been stuck here for 12 years waiting for title!

          Comment


          • #6
            Originally posted by marmite View Post
            Are you able to suggest any insurance companies who may take this risk? And any idea on what sort of premium I may be liable for? (roughly obviously!)
            1. It depends on value (AND compliance with detailed policy-issue conditions).
            2. Each premium is a one-off, not annual. However, both insurers' standard ready-to-issue policies are for existing use's continuation only. For new development, individual premium quotations will apply.
            3. GCS premium starts at £200 for val. up to £100 000, then rising in slabs of £50 000 or £100 000 until £1500 for val. of £2m - £2.5m. Above that, individual premium quotations will apply.
            4. Countrywide premium starts at £125 for val. up to £50 000, then rising in slabs of £50 000 until £190 for val. of £200 001 to £250 000. Above that, individual premium quotations will apply.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Cheers.
              Thats not too scarey.

              Comment

              Latest Activity

              Collapse

              • Selling empty property
                londiner
                Hi, I am selling an empty house without a tenant who moved out recently. The Estate agent told me the prospective buyer would live in the house. My solicitor I found online for this transaction based on a very competitive conveyasing fee sent me a contract to sign where the buyer is a limited company...
                09-08-2017, 19:31 PM
              • Reply to Selling empty property
                ram
                The answer to above is NO.

                BEWARE.
                if a cheque is given, the money may appear on your statement / on line, but will be removed if the cheque bounces.

                They cannot have access until you have the money in the bank.
                Make sure it's a bank transfer that happened, and not just...
                19-08-2017, 01:27 AM
              • Reply to Selling empty property
                bluebonnie
                In your situation, with the property currently empty, there is no need for a gap between exchange and completion. No reason why you should give the buyer the use of the property for viewings/repairs before completion - complete 24 hours after exchange.
                18-08-2017, 22:29 PM
              • Reply to Selling empty property
                londiner
                The buyer has finally agreed to provide the company name, address of the company for notifications and the names of the two persons authorized to sign the selling contract. With that information I have checked them out and they are a family property business that buys houses to let. My solicitors has...
                18-08-2017, 15:21 PM
              • Cancellations and the ramifications
                APorter910
                My nan has been in the process of selling her house for some time, all of the paperwork has been signed (I’m not sure which) and it’s getting close to her handing the keys over. She is looking to move into a smaller house, but needs to wait until everything is finalised until she can put an offer...
                Gorvins conveyancing solicitors in Manchester are trusted residential property experts that have decades of experience when it comes to buying or selling homes.
                17-08-2017, 18:37 PM
              • Reply to Cancellations and the ramifications
                leaseholder64
                This sounds all wrong. Although I've only been involved at the end of a chain, myself, my understanding is that she should be two stages away form handing over the keys.


                First she would need to make and accept offers, subject to contract, and the seller would need to do so, as well....
                18-08-2017, 10:20 AM
              • Reply to Cancellations and the ramifications
                Tipper
                The issue is whether contracts have been 'exchanged'. Signing is only part of that whole process. If 'exchanged' then they are legally bound to complete the sale by the transfer of money or pay penalties/compensation.
                If your Nan has got this far then she should be making offers on a new property...
                18-08-2017, 09:45 AM
              • Filling out land registry forms?
                licensedtoquill
                I need to change a land registry entry. I have a flat which was left to myself and my sister in my grandfather's will. However she registered it in her sole name back in 1991. I assumed thereafter that she held it in a constructive or resulting trust for me but she has just informed me that she regards...
                17-08-2017, 22:04 PM
              • Reply to Filling out land registry forms?
                JK0
                I think you need to get a solicitor on this. I suspect your sister will thwart you alone.
                18-08-2017, 08:40 AM
              • Moving front door position within a communal hallway
                Tinker-79
                Hi there,

                We are looking to move the front door of our flat further into our communal hallway (there is unused dead space there). We hare the freehold equally with one other owner.
                Would we need to update all the leases if we were to do this? Would we need agreement from the other...
                04-08-2017, 20:52 PM
              Working...
              X