Adverse possession- but why??

squashy

My husbands grandmother died 4 years ago with no will and no deeds to the property could be found. Her house went to her next of kin, her only surviving daughter. She immediately decided to give this house to us as we had been looking after her empty house while she was ill and had in fact been living here. We had to provide various documents to the land registry including the original receipt from the builder when she purchased it 50 years ago, and signed statements from the neighbours to confirm she had always lived here until the end of her life, plus they obtained proof from the local authority that she had been on the electoral roll here and that also we have since we lived here. This was all dealt with by a solicitor and we had thought this would be fine.

However, there was a clause put on by the land registry that we only have "adverse possessionary title". From what we can find out this is something applied to squatters! There is no dispute with anyone, no other party claiming to own the house/land, no possibility that this could have occurred at any time. We have proved this thoroughly.

We have recently attepmted to move house and had an offer on the house, only for the buyers solicitors to tell them "not to touch it with a bargepole".

We just don't feel this is right at all? Has something been incorrectly done? It is a simple family inheritance and yet nobody seems to know anything this type of transaction! Even our original solicitor was not sure what "adverse possession" meant, which figures at this was never mentioned to us when the matter was originally dealt with.

Can we do anything, other than to wait a further 8 years as suggested by the land registry?

silvercar

As you cannot find the deeds, the title is shown as possessionary ie you own it by virtue of having occupied it for years rather than having absolute proof.

There is the small risk that someone could come along and claim they owned to the property and your family were sitting tenants or squators.

I would ring the land registry for guidance.

clutton_2

any solicitor who does not know what adverse possession is - words fail me .........

the LR can only give you Adverse Possession as you have no Deed to prove that your husbands gran actually owned the house.

in theory someone else could turn up with their great great grandmothers papers which prove that she owned it - that is why you cannot be awarded Absolute Title

Pee

It is Adverse Possession because you can't find the deeds, this means that you have proved who lived there, but not who owns it, and you certainly haven't proved that there is not a mortgage on it. In times of old deeds were held by the mortgage provider until the debt was repaid. Although the deeds may well have been lost by putting them carefully on top of the wardrobe or under the floor boards, they may have been lost by the local friends society still having an outstanding sum of £12 owing on the mortgage.

I wouldn't like to buy a property with possessory title, I have to say.

I wonder whether your solicitor did all he could to get the title registered with the Land Registry. Sometimes looking at neighbours title deeds can provide evidence of what is contained in your own. Speaking to the Land Registry is a good idea. Have you written around all the local firms of solicitors to see if they are holding deeds?

Otherwise the answer is no, you can't sell it for the full value until the term of ownership is completed.

squashy

We provided a receipt from when the property was bought in cash as a new build, adressed to my husbands grandparents Mr & Mrs M, would this not count for anything in terms of proof of ownership?

Writing to solicitors might be an option, however we live in the city so it would be a pretty mammoth task. Is there any way we can find out who dealt with the estate when Mr M died (around 20 years ago), as I don't think this avenue has been explored.

clutton_2

your grandparents may well have remortgaged the property years ago for all anyone knows - then the lender would be the legal owner if the charge had not been redeemed

re solicitors - you can look at the probate documents - their solicitors name will be on them

Pee

And you get a copy of the Probate for £5 from York Probate Registry.

Richard_Webster

I think the buyer's solicitors were being silly. If they had copies of the information you provided to the Land Registry then they should have concluded that the only reason the title was possessory was because the deeds could not be found, and therefore the likelihood of some other "owner" appearing was very small indeed.. You should provide a possessory title indemnity policy which e.g. for up to £250K in value I could get for £175.

mlz1413

I used to own a house that did not have the front garden on the land registry documents, as I had neighbours and history that supported the front gardens exclusive use for 50 years I went to a solicitors and paid £7 to swear an affidavit and then apply to land registry for first title of the land, I ended up with adverse possension.

When I sold the house my solicitor said did I want an imdeminty policy and I said no, the sellers solicitor insisted on it, but it was £200 so in the scheme of buying or selling a house its small money.

I would be tempted to find out if your buyers were using an internet based conveyancing firm rather than an estabished solicitors, as other have said I find the reaction odd. But hopefully your solicitor can get this insurance so any future sale is secure.