posessory title for half a garden?

ukangelab47

Hi, I hope someone can help! My husband and I are in the process of buying an end terraced house which needs some modernisation and will leave us mortgage free. When we agreed the asking price it was based upon the large side garden being included as the vendor assured us that they had bought the freehold to this additional piece of land which we intend to extend onto. However, our solicitor has sent the lease information and it seems they only have possessory title for HALF of the land to the side and that the other half isn't registered at all. Now after much research I can see that it is possible to get the title changed to absolute after a specific amount of time but they were there for 38 years. Does the term start from 0 again once the purchase is completed ? Do I need to get them to apply to change it to title absolute before we buy? And how do I go about getting possessory title for the other half? We only intend to live there for three or four years but I am worried now that future buyers will be put off.

ProDave

Are you thinking of Adverse possession? i.e they have had exclusive use of it which means it is fenced off so nobody else can get to it) and nobody has contested that for 12 years?

What you need is PROOF they have been using it at least that long.

ukangelab47

Yes. Adverse possession. That's what I meant. How do I prove it? The vendor is very happy to assist in any way they can...

Tom99

[FONT=Verdana, sans-serif]It depends on whether the land you want to claim possession of is registered or unregistered, have a read here:

[/FONT] [FONT=Verdana, sans-serif]https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land[/FONT]

[FONT=Verdana, sans-serif]https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land[/FONT]

ukangelab47

half of it is registered as the vendors with a possessory title and the other half isn't registered at all. Does that help. I have read so much technical jargon about it all that my head is beginning to spin!

Tiglet2

The easiest way would be that the vendor applies for possessory title over the unregistered land - there will be a cost involved to them. Land Registry will send someone to inspect the land and will write to anyone who they think could have a claim, giving them 20 days to respond. The vendor will also likely to have to make a Statutory Declaration to the effect that they have had uninterrupted use of the land for 38 years (any documentary/photographic evidence provided if possible). Providing no-one objects to the LR, they will then give the possessory title to the vendor, who can in turn pass to you when the sale of the property has completed. There should be no cost to you.

I don't know if you have a lender, but if you do, they will probably insist that the above is done prior to completion.

moneyistooshorttomention

ukangelab47 wrote: »

When we agreed the asking price it was based upon the large side garden being included as the vendor assured us that they had bought the freehold to this additional piece of land which we intend to extend onto.

However, our solicitor has sent the lease information and it seems they only have possessory title for HALF of the land to the side and that the other half isn't registered at all.

Vendor assured us that they had bought...additional piece of land

v.

The other half isnt registered at all

********

and then the really confusing bit of "only have possessory title" for what is presumably the bit of the garden they didn't buy.

*******************************************

Add all that together and it starts sounding a bit contradictory to me:

1. What proof have they got that they bought half the garden? When did they buy it? - or have they lied to you about that and they never bought any of it?

2. Was the house itself registered at or before the date they bought it? If so - then surely the other half of the garden should have been registered at the same time as the house?

3. Are you saying that the house didn't actually own any of the garden at all and they then:
- got half of it (they hope) by squatting on it
and
- the other half of it by buying it?

davidmcn

ukangelab47 wrote: »

half of it is registered as the vendors with a possessory title and the other half isn't registered at all. Does that help. I have read so much technical jargon about it all that my head is beginning to spin!

Why are you trying to sort it out yourself? Isn't your solicitor handling this?

Smodlet

davidmcn wrote: »

Why are you trying to sort it out yourself? Isn't your solicitor handling this?

Perhaps ukangelab47 has read some of the other threads on here, such as Rob-123's in which case I commend her for not relying on her solicitor. :eek:

Davesnave

davidmcn wrote: »

Why are you trying to sort it out yourself? Isn't your solicitor handling this?

Smodlet wrote: »

Perhaps ukangelab47 has read some of the other threads on here, such as Rob-123's in which case I commend her for not relying on her solicitor. :eek:

If one relies on a solicitor and something goes seriously wrong, there is a procedure for redress. The case you refer to isn't over yet.

Are you advocating that people do their own conveyancing?

Tom99

Has this land at the side been fully enclosed by a fence for at least the last 12 years?

[FONT=Verdana, sans-serif]The vendor assured you they had bought this land which seems to indicate they know who owns the land.

[/FONT] [FONT=Verdana, sans-serif]If the vendors have acknowledged the other persons ownership, for example by offering to buy the land, then the 12 year clock stops ticking and has to start all over again if the squatter remains in possession.

[/FONT] [FONT=Verdana, sans-serif]You need to read all the Land Reg notes re adverse possession of registered land, un-registered land and converting a possessory title into an absolute one - then consult your solicitor.

[/FONT] [FONT=Verdana, sans-serif]You can inherit rights from the current owner but you will need their help with statements of truth etc.

[/FONT] [FONT=Verdana, sans-serif]There are a lot of hoops to jump through and I doubt it will be quick or cheap.[/FONT]