Possessory title indicates that you are regarded as the owner of a piece of property, but there are certain crucial details lacking.
The title is classified as defective since it cannot be lawfully certified in the usual manner. This means that a former owner or other interested party might contest your claim to all or part of the property/underlying land.
Understanding possessory title to a property
Imagine it being like owning a home without having complete legal protection. Ownership with absolute title, the most typical kind of land registration, contrasts with this. Here, you may unequivocally establish by legal means that you are the property’s owner. Possession title does not prevent you from selling a property, however most buyers might consider doing so risky.
Additionally, due to the possible problems and financial damages that might arise, properties with this type of title are likely to be sold for less money than those with title absolute.
Possessory title includes, among other things:
- Not possessing the title deeds of land registry in your name
- In the event that the genuine paper (physical) deeds were accidently destroyed or taken
- Any property handed down the generations but lacks the original conveyance’s deed or other documentation
- If a person purchases a home or piece of land through do-it-yourself conveyancing and there isn’t an electronic record of ownership
- when there has been no title deed and the house transaction was fraudulent
- where the owner of the property selling it has acquired the title through adverse possession
The title will become absolute in these situations if you can show sufficient proof of ownership to the land registry authority. Possession title can apply to both freehold and leased properties.
When will you receive a possession title?
Possessory title may be asserted by adverse possession. This is sometimes referred to as land grabbing or having squatter’s rights.
You need to have met the following requirements for twelve years before you may perform this or ten years if the land is registered. This indicates that over that period, nobody else has made an effort to occupy the land in your place. You did not ask the owner’s permission or make any payments (rent or otherwise). You do not have any opposition. You showed an evident desire to maintain and guard the property. It could be done by constructing walls or fences around it.
Keep in mind that the land registry authority would send letters to any parties having a stake in the property. They can halt the procedure and request eviction if they answer as described below. Possessory title could be given if this is the case.
To sum it up
You could make the most of the knowledge given here to understand possessory title to a property.
