Possessory Title

Snoozy_Dave

Hi,

I've read posts connected to this topic but none directly address my question.

I'm in the middle of buying a house but the front driveway does not appear on the title deeds. The boundary includes the back garden and house but not the 3 meters between the house and the road. In effect the land between the front door and the road would not be included in the sale of the property. This is the only access to the property. The previous owners have been there for 9/10 years and were unaware of this.

The land is not registered with the Land Registry and the various Solicitors have not unearthed any other documents so far. My solicitor recommends that the current owners apply for Possessory Title before we purchase. It is early stages of the purchase - any idea how long this could take to resolve? I was also wondering if the neighbours (who have been in place over 15 odd years) could support a claim for Absolute Title and if this would carry any weight?

Cheers

Richard_Webster

Has the land in question been fenced within the front garden of the house? If not, what does it look like - part of highway verge or part of an open plan front garden? It might be part of the highway - has this been checked? I assume also it has been established that nobody else has a registered title to it.

It is very difficult to obtain a possessory title to land that is open because it is more difficult to show that others have been excluded from it.

Assuming that there was sufficient evidence of adverse possession the sellers would have to show not only that they had adversely possessed for their 9-10 years but also their predecessors for a sufficient period to provide the statutory 12 years.

What the neighbours say will make no difference to whether the title granted is absolute or possessory - it will always be Possessory until the title has been registered Possessory for at least 12 yaers and the title holder can then apply to upgrade it to absolute assuming no adverse claims have been made in the meantime. The only way to get an Absolute title by adverse possession is if the title is registered and the real owners do not contest the point when given notice by the Land Registry of the claimed adverse possession.

In this case it may be that all that can be done is to provide evidence so that when 20 years can be shown have a right of access can be created by prescription. Prior to that period elapsing it will be necessary to protect it with a lack of access indemnity policy.

Snoozy_Dave

Thanks for that. The land is fenced in and forms the front driveway. Nobody else has reason to access the land and it is the only way in or out of the house. The pavement is separate to this outside the boundary.

Tafmack

When I bought my last home, a terraced house in Brighton, in 2004 the front garden (small area between the pavement and front door) was not registered. The problem was resolved by:
a) my new neighbour swearing an afidavit to the effect that she had lived in the street for over 20 years and not had any problem accessing her home.
b) purchasing an indemnity insurance policy from Norwich Union covering myself or successors in title should any claim arise to the piece of land.

When I sold the house in October the policy was passed on to my buyers and I had to swear an afidavit saying that I had not experienced any problems with access in the 5 years I lived there. The costs involved were £75.00 for the policy and £7.00 each for the swearing fees - and a bouquet of flowers for my neighbour! The afidavit can be sworn in front of any solicitor and takes 5 minutes.

Basically the same advice given as by Mr Webster, but thought you might like to hear a case put into practise.

Richard_Webster

When I bought my last home, a terraced house in Brighton, in 2004 the front garden (small area between the pavement and front door) was not registered. The problem was resolved by:
a) my new neighbour swearing an afidavit to the effect that she had lived in the street for over 20 years and not had any problem accessing her home.
b) purchasing an indemnity insurance policy from Norwich Union covering myself or successors in title should any claim arise to the piece of land.

When I sold the house in October the policy was passed on to my buyers and I had to swear an afidavit saying that I had not experienced any problems with access in the 5 years I lived there. The costs involved were £75.00 for the policy and £7.00 each for the swearing fees - and a bouquet of flowers for my neighbour! The afidavit can be sworn in front of any solicitor and takes 5 minutes.

Basically the same advice given as by Mr Webster, but thought you might like to hear a case put into practise.

Yes, that fairly sets out the kind of thing that happens - although this only deals with a right of access - which may be enough in practice - but doesn't get you a title to the front garden in question - but on the other hand doe sit matter? Who is going to stop growing flowers and cutting the grass in that area?