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  • FIRST POST
    • oceanmum
    • By oceanmum 6th Oct 17, 10:16 PM
    • 9Posts
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    oceanmum
    possessory title and renting the housout for some of the required 12 years
    • #1
    • 6th Oct 17, 10:16 PM
    possessory title and renting the housout for some of the required 12 years 6th Oct 17 at 10:16 PM
    in 2005 I apparently purchased my new build house and the title deeds had a section in blue part of which included part of the house, the rest was a small section of garden. I ddnt know this until i came to sell. i have owned the house for 11 years 10 months and it was on land owned by the builders for 8 months before this at least. land registry sent a surveyor but i didn't get absolute possession so i am trying for possesory tile. The issue is that i lived in the house and keep the garden for 9 years until i married and rented it on short hold tenancy to someone. I never owned or leased or rented another house as my new husband got a house with him as sole tenant as part of the job. i read that the 12 years needed to get possesory title needs to be continuous which it would be but does it mean i actually lived in it. I maintained contact visited my house, undertook repair and tended the garden as well as my tenants.
    will that be ok as land registry haves raised that i had a tenant in whilst they review the case.


    i had no idea there was this issue... i thought i owned it from day one..no lawyer ever told me and the same lawyer who i was using for the sale now didnt even notice until my buyer raised it. the main worry is " does continuous possession" include being the owner of the house, the possessor of the land but actually live in it, renting it for 3 years

    i have read the official info on line bit it diesnt answer my worry
    Last edited by oceanmum; 06-10-2017 at 10:18 PM. Reason: SPELLING
Page 1
    • davidmcn
    • By davidmcn 7th Oct 17, 8:02 AM
    • 5,937 Posts
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    davidmcn
    • #2
    • 7th Oct 17, 8:02 AM
    • #2
    • 7th Oct 17, 8:02 AM
    It's fine, I wouldn't worry about it. You're still in possession as a landlord.
    • oceanmum
    • By oceanmum 8th Oct 17, 1:41 PM
    • 9 Posts
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    oceanmum
    • #3
    • 8th Oct 17, 1:41 PM
    • #3
    • 8th Oct 17, 1:41 PM
    Do you know why the land registry are questioning that i have had a tenant in for 3 years... i do own almost 90% of the land the house is on and the garden,,, i visit when needed and ensure the whole property is tended. i am terrified i will need to move back in for 12 years to re start my claim for possessory title from day one.. i genuinely didnt know anything about this until my house sale nearly went through.... i have a buyer hanging in there willing to buy with poesssory title.

    is there anyone on here from lad registry that can advise
    • unforeseen
    • By unforeseen 8th Oct 17, 3:51 PM
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    unforeseen
    • #4
    • 8th Oct 17, 3:51 PM
    • #4
    • 8th Oct 17, 3:51 PM
    My reading on the subject indicates that the renter has been in adverse possession of it for their period of rental as it was not your land to rent out.

    Try Gardenlaw, they have a few experts their who can give a more accurate answer
    • oceanmum
    • By oceanmum 8th Oct 17, 4:26 PM
    • 9 Posts
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    oceanmum
    • #5
    • 8th Oct 17, 4:26 PM
    • #5
    • 8th Oct 17, 4:26 PM
    i owned the house and thought i owned all of the garden... only on trying to sell was it discovered... it was a shirt hold tenancy... i applied fpr adverse possession back to date of purchase but didnt get it... the tenants are my tenants and know i am selling...they are not involved at all.the query os more about ... the twelve continuous years i need to demonstrate possession pf can it include the period i have rented it out... the land is part of the house plans but was coloured blue with rights and titles when i bought it from the developer but no one noticed... the main body 90% of the house is on the red bit. it is one structure no porch or extension all built at the time
    • unforeseen
    • By unforeseen 8th Oct 17, 5:04 PM
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    unforeseen
    • #6
    • 8th Oct 17, 5:04 PM
    • #6
    • 8th Oct 17, 5:04 PM
    I was getting at the point you questioned. I think you HAD 9 years adverse possession but lost it as your renter then had 3 years AP following yours.

    If your occupants were occupying the house as leaseholders then the situation would have been different and their 3 years would belong to you.
    • oceanmum
    • By oceanmum 8th Oct 17, 7:03 PM
    • 9 Posts
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    oceanmum
    • #7
    • 8th Oct 17, 7:03 PM
    • #7
    • 8th Oct 17, 7:03 PM
    what can i do... i never would have rented it if i had known.. nearly all of the house is on the red part of title deeds on the title plan but the red line cuts through more of the house on the land registry one... which is the accurate one to scale... will i be able to get possessory title as i cant see where it says i actually have to live in it...
    I am devasted... can i go to a hering or appeal or anything
    • oceanmum
    • By oceanmum 8th Oct 17, 7:08 PM
    • 9 Posts
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    oceanmum
    • #8
    • 8th Oct 17, 7:08 PM
    can you help
    • #8
    • 8th Oct 17, 7:08 PM
    other people say i cant get possessory title because i left for 3 years to live with my husband in his rented military house and rented it out. most of the house is in the red area on the title needs almost 90% but on land registry plan the red line cuts through probably the hall ad downstairs toilet.

    people on here saay i lost part of the tweve years when i let it, and i have to start all over again and move back in,,, does it actually say possesion has to be occupancy... i had no idea at all untili came to sell,,,
    • Doozergirl
    • By Doozergirl 8th Oct 17, 7:25 PM
    • 23,898 Posts
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    Doozergirl
    • #9
    • 8th Oct 17, 7:25 PM
    • #9
    • 8th Oct 17, 7:25 PM
    "People on here" seems to be one person who says your tenant ruins things for you. I'm not convinced that's the case.

    Our house has a larger than average garden and I didn't realise that a considerable chunk at the end (some 10 x 14 metres) wasn't included in the title, until after we moved in. Our solicitor contacted the LR for us, someone came out to have a look and we were granted Possessory Title within weeks. The previous owner was dead, so they weren't going to vouch for us.

    If it was irrelevant that we were new to the property but obvious that the status quo had remained for more than 12 years, then I don't see why you should have major issues. Perhaps they were just querying who the other people were if you had told them it has been in your ownership.

    If this cuts through your actual house then I hope that it quite obvious from records that the land has been acquired by your property for the relevant period of time.

    There is a Land Registry representative that visits here, so do hold out for them.
    Last edited by Doozergirl; 08-10-2017 at 7:28 PM.
    Everything that is supposed to be in heaven is already here on earth.
    • davidmcn
    • By davidmcn 8th Oct 17, 7:51 PM
    • 5,937 Posts
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    davidmcn
    As above I wouldn't have thought the tenancy ought to make a difference, as they're there as the OP's tenant. If they, or somebody else, was occupying it as if they were an owner, that would be different.
    • Doozergirl
    • By Doozergirl 8th Oct 17, 8:47 PM
    • 23,898 Posts
    • 66,431 Thanks
    Doozergirl
    As above I wouldn't have thought the tenancy ought to make a difference, as they're there as the OP's tenant. If they, or somebody else, was occupying it as if they were an owner, that would be different.
    Originally posted by davidmcn
    And even then, can't those previous owners make a Stat Dec to support? This isn't my area of expertise at all, but I don't want the OP to be despondent on the basis of one reply.
    Everything that is supposed to be in heaven is already here on earth.
    • oceanmum
    • By oceanmum 9th Oct 17, 4:42 AM
    • 9 Posts
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    oceanmum
    Apart from the few months the builders owned the land or at least used it there were no previous owners so the evidence goes back 12 years but only 6 months of the builders and 9 years of me then my tenants moved in
    • Doozergirl
    • By Doozergirl 9th Oct 17, 7:01 AM
    • 23,898 Posts
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    Doozergirl
    We know that. You're giving us any new information.

    Stop panicking. You are working yourself into a frenzy simply becuase it's the weekend and your mind has been allowed to worry the entire time to the point, by your new thread, that your life is devastated. It isn't. You haven't had a reply yet.

    My point about my situation was that *we* did not need to physical occupy the area, it needed to be clear that it was being used within the curtilege of our house.

    Have you googled 'statutory declaration possessory title' ?
    Everything that is supposed to be in heaven is already here on earth.
    • Doozergirl
    • By Doozergirl 9th Oct 17, 7:08 AM
    • 23,898 Posts
    • 66,431 Thanks
    Doozergirl
    There is Land Registry thread in the board. The rep has been on it this morning. Perhaps post a link to this thread on there.
    Everything that is supposed to be in heaven is already here on earth.
    • G_M
    • By G_M 9th Oct 17, 5:35 PM
    • 41,471 Posts
    • 47,853 Thanks
    G_M
    I'd be surprised if letting the property to tenants affected your possessory title.

    You let it to tenants and accepted rent, so were still in possession in the sense that you were acting as an owner.

    The fact that you did not have physical pssession seems irrelevant.

    But as others have pointed out, we are not experts. ask the LR rep here:

    http://forums.moneysavingexpert.com/showthread.php?t=5685941&page=8
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