Possessory title- my ownership lost to someone else

[JET]

Hi

I am probably posting in the wrong section but desperately need some advice.

A property that I own has been transferred to someone else illegally, eg they have claimed squatters rights. Upon contacting the land registry they have advised that the individual has possionary title. What does this mean?

Many Thanks

[Andy Parker]

For possessary title to be granted your squatters must have been in possession of the property for at least ten years!I think you have some remedy as this is not a 'superior title' since the Land Registration Act (2002) although I would strongly advise you to consult a solicitor on this.

[Andy Parker]

I have had a quick look at the 2002 Act.It looks like you only have two years to object after the title has been granted (although you should have been informed and been given an opportunity to object to the award when the squatters applied for title to the property).How long have the squatters been in occupation and when was the title awarded to them?If your squatters have been in the property over 12 years and they obtained title before the 2002 Act came into force you may not be able to do anything to recover your property.Good luck.

[JET]

It was granted in July 2002. No advice was received.

[JET]

did the act come in before then?

[Dan]

It would appear that the act was passed in March 2002. Andy, which section of the act deals with this issue?

[Andy Parker]

The Act did not come into force until 13/10/2003 so it does not apply.The Landlord Legal Briefing on this site gives a useful precis of the changes to adverse possession law contained.

[JET]

Thanks guys but what should I do?

[Andy Parker]

As I stated previously if your tenants were in occupation for 12 years or more there may be no way of recovering your property.The law has since changed but too late to affect your situation.I would see a solicitor to confirm this and also to find out whether there is anything that could be challenged which might affect the award (the squatters may have misrepresented their length of stay or something similar).Did you really ignore this land/property for over 12 years?