Lawyers for Possessory Title Applications

Our expert Adverse Possession Claims Solicitors are here to help you secure ownership of land and protect your property rights. Whether you’ve occupied land without permission or need assistance with missing or disputed title deeds, we provide tailored legal support to ensure your claim is successful. With expert drafting and thorough preparation, we’ll guide you through every step of the process.

Possessory Title Applications involve applying to HM Land Registry to formalise ownership rights, often based on Adverse Possession. If you’ve occupied land for 10 or 12 years (depending on its registration status), you may be eligible to make a claim. Our service includes gathering evidence, drafting the required statutory declarations, and ensuring all legal documents meet HM Land Registry’s standards. We also assist with upgrading Possessory Titles to Absolute Titles, offering greater security and peace of mind.

At Mounteney Solicitors, we pride ourselves on delivering expert advice and efficient drafting to simplify complex processes. For years, we have been supporting clients across Greater Manchester and beyond with Possessory Title Applications, providing tailored legal solutions to protect their property rights. Whether it’s preparing applications, drafting statutory declarations, or resolving disputes, our team is committed to achieving the best outcome for your case.

If you need professional help to secure your property, contact our Adverse Possession Claims specialists today. We are here to provide expert guidance and unwavering support every step of the way.

What is Adverse Possession?

Adverse Possession is a legal principle that allows a person to claim ownership of land they have occupied without the owner’s permission for a significant period. In England and Wales, this period is typically 10 years for registered land and 12 years for unregistered land.

To claim ownership through Adverse Possession, the occupier must demonstrate that their possession was continuous, meaning they occupied the land without significant interruption. It must also have been exclusive, where they acted as though they were the rightful owner, excluding others, including the legal owner. Lastly, their occupation must have been open and obvious, so it was visible and not concealed.

Adverse Possession is often referred to as “squatters’ rights,” though it applies to a range of situations, not just those involving squatters. It can also arise in cases of boundary disputes or when someone has taken over neglected or abandoned land.

If successful, the claimant may apply to HM Land Registry to gain legal ownership of the property through a Possessory Title.

What is a Possessory Title?

Possessory Title is a class of land ownership titles which is awarded in cases in which Title Absolute could not be granted to the owner. This could be because the title deeds have been lost, destroyed, or stolen, or because a claim for Adverse Possession has been made for the property. Having a Possessory Title to a property is considered by the HM Land Registry as a defect in the documentation, and it may be possible for another party to dispute your right to ownership.

Many older properties, which pre-date electronic title registration, may have a possessory title if they are missing the physical deeds. These properties can still be bought and sold, however their value may be affected.

Who can Apply for Possessory Title?

The most general application is that someone who has possessed land without the actual owner’s permission, to the exclusion of the owner and everyone else, known as Adverse Possession. They might have the right to apply to the Land Registry to be registered as having the right to possess the land indefinitely. This can happen:

• after 10 years, if the land was registered with HM Land Registry, or
• after 12 years, if the land has never been registered before.

A tenant can never get these rights to land they came into occupation of as tenant – regardless of whether they actually pay any rent.

This product comprises taking your instructions and then preparing the necessary evidence and application to HM Land Registry for you to be registered with possessory title.

Can a Possessory Title be Upgraded to Absolute Title?

If you have owned a property with a Possessory Title for 12 uninterrupted years, you will be able to make an application to the HM Land Registry to obtain a Title Absolute. This is often advisable, as it consolidates your position as the owner of the land, and it makes selling the properties easier, and likely more profitable.

As the Land Registry considers Possessory Titles to be “defective”, you will need to prove that all defects in the titles have been addressed.

If you have been recently granted a Title Absolute as an upgrade from a Possessory Title, your ownership rights may still be challenged by interested parties. It’s important to bring a strong case for a Title Absolute on a property obtained through Adverse Possession or Possessory Title, as any misleading or fraudulent information could result in the title being reverted, and even legal action against you.

It’s vital to have the legal support of expert Possessory Title Solicitors to ensure your ownership of a property is as secure as it can be. Contact us today to assess your case with our team.

Can I get a Mortgage for a Property with a Possessory Title?

While transactions involving possessory titles are viewed as riskier than standard property sales, you can borrow from lenders to buy properties of this kind. Mortgage lenders will generally ask for additional information and documentation to ensure the transaction is safe and conducted in a way that protects everyone’s interests.

They will first ask to be informed if the property has a possessory title associated with it. The seller will also need to produce a Statutory Declaration, which must include all relevant information such as length of undisputed ownership.

It’s advisable to obtain Possessory Title Indemnity Insurance as an additional method of protection against claims by interested parties.

All of these steps can help you secure a mortgage for a Possessory Title property, but it’s important to note that some lenders may decide not to fund these purchases.

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How Long Does a Posessory Title Application Take?

The production of the application and evidence is a complicated job that can take several hours once we can schedule it in our workflow, that can depend on how busy we are at any particular time. We would not usually take-on a job for which we could not engage within about a working week. However, we find getting complete instructions in these cases often takes days or weeks.

The completed application will then need to be submitted to HM Land Registry for registration. The time HM Land Registry takes to process such a registration varies greatly, depending on how busy they are. Some applications are processed very quickly, up to “next day”; however, most applications appear to languish awaiting HM Land Registry attention; in 2021, many applications have taken about 6 months to be registered – and some types of application can take even longer than that, unfortunately. However, once submitted HM Land Registry processes applications on any title in order of submission – so their delay ought not to affect the priority of your application relative to other matters on that title.

Buying, selling, or managing a property with a Possessory Title can be challenging. Complications can arise easily if you do not have legal support by your side.

With our team of Possessory Title Solicitors, you can be sure that your ownership of the property is secure, whether you have owned it for years or looking to purchase it. We can guide you through the process of making applications and obtaining titles, documenting ownership to defend it from future challenges.

Our Solicitors in Stockport have been supporting individuals in Greater Manchester, and across the UK from our offices in Bramhall, Cheadle, Hazel Grove and Heald Green. If you need legal advice regarding a Possessory Title property, contact us today. Our expert Land and Title Solicitors will assess your case, and advise you on your next steps.