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Sep, 2014

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  1. #1

    Default "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. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    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).

  3. #3
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,552

    Default

    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

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote 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).

  5. #5

    Default

    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!

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote 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).

  7. #7

    Default

    Cheers.
    Thats not too scarey.

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