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Possessory title on driveway only
Bebeto94
Posts: 6 Forumite
Hi All,
We are in the early stages of purchasing a house where the house and gardens are on one title(absolute) but the driveway which runs beside the house is listed in another title (attributed to the seller) but under a possessory title. The possessory title was applied for by a previous owner some 8 years ago but there is still 4 years to go before an application to upgrade to an absolute can be achieved. The driveway is completely within the boundary walls of the property and although many years ago it used to give access to a small plot of land with a shed on behind, this has now been bricked up and access to this plot of land is now through another entrance behind belonging to the owner of the property behind, so no through way.
My surveyor has advised me to get index linked indemnity insurance to protect against any future issues until an absolute title can be filed for.
My question is, how strong an argument would it take for someone else to lay claim to a narrow strip of land running beside the house of which lies behind a gated boundary to which leads nowhere?
Also Im led to believe from my surveyor that the cost of this indemnity insurance for the remaining period (4 years) should be borne by the seller as any future issues arising from a challenge to the title could make the property unsaleable.
Any input apprciated,
Cheers
Steve
We are in the early stages of purchasing a house where the house and gardens are on one title(absolute) but the driveway which runs beside the house is listed in another title (attributed to the seller) but under a possessory title. The possessory title was applied for by a previous owner some 8 years ago but there is still 4 years to go before an application to upgrade to an absolute can be achieved. The driveway is completely within the boundary walls of the property and although many years ago it used to give access to a small plot of land with a shed on behind, this has now been bricked up and access to this plot of land is now through another entrance behind belonging to the owner of the property behind, so no through way.
My surveyor has advised me to get index linked indemnity insurance to protect against any future issues until an absolute title can be filed for.
My question is, how strong an argument would it take for someone else to lay claim to a narrow strip of land running beside the house of which lies behind a gated boundary to which leads nowhere?
Also Im led to believe from my surveyor that the cost of this indemnity insurance for the remaining period (4 years) should be borne by the seller as any future issues arising from a challenge to the title could make the property unsaleable.
Any input apprciated,
Cheers
Steve
0
Comments
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Why did you buy the house? Did you know that it had this problem when you bought it?0
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Sorry, I should have made that clearer. We have had an offer accepted on this property and are in the early stages of purchase and this has just come to light.0
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Someone may still have a right of way over the drive. Is this house considerably cheaper than similar ones without this problem?0
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Given the history it is very unlikely that anyone would claim and I doubt whether this would really affect the price at all.
However the seller should pay for indemnity insurance to cover the next 4 years. (The cost of indemnity insurance is the "price difference" if you want to find one.) Your lender will also want this insurance.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
It sounds like there is minute risk of someone making a claim to the land in question. Absolutely tiny. Nonetheless it's a risk.
If getting a mortgage, the lender is likely to insist on insurance. Either your solicitor if you are using one, or your seller's solicitor, can arrange for a small fee.
If the seller refuses to arrange or pay for the insurance, you have the option of
* paying for it yourself
* finding another property
* buying without the insurance if there's no mortgage or the lender agrees.0 -
Thanks all for the info. Much appreciated0
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