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property has three title deeds. 2 possessory and 1 absolute.

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  • property has three title deeds. 2 possessory and 1 absolute.

    I bought a property in 1981.
    The property was not registered with the land registry.
    The deeds were held with a solicitor.
    The solicitor destroyed my deeds.
    In 2016, the solicitor organised and paid for new deeds from a scrappy little map that I had in my file.
    I signed and confirmed the new boundaries but they were wrong effectively chopping off half my garden. I received a possessory title which I thought was for the whole of my land and thought nothing else about it.
    Last year I decided to sell.
    The potential owners pointed out that the actual fences of my garden was not the same as the land registry deeds.
    I paid for a surveyor to measure my garden.
    The surveyor said that there was an added problem. The north fence of my property overlapped 6 metres into the neighbouring property. There was no contest from the neighbours and I was awarded a title absolute for that 6 metre strip.
    And I was awarded a possessory title for the bit of land that I chopped off when signing for the boundaries in 2016.
    And I already had a possessory title for the piece of land with my house on, which had been awarded to me back in 2016.
    It is such a mess and is being used as leverage to reduce the price of my property. I am too old to wait 12 years for absolute.
    Is there anyone I can go to? Land Registry do not help. They say consult UTI info on their website but all it says is that you have to wait 12 years.
    It seems ridiculous to me that after nearly 40 years I own absolutely just one 6 metre strip.


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  • #2
    Indemnity insurance?

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    • #3
      Possessory titles are restricted in law from being upgraded until the 12 year limit is reached via the Land Registration Act 2002 . There may be a way around it but I'd expect that you'd need to consult a specialist in land law to see if there is.

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      • #4
        Originally posted by des8 View Post
        Indemnity insurance?
        I have a letter from the solicitors responsible for destroying my deeds stating they would take out an indemnity insurance on my behalf, However, I have not seen the policy. This would have been dated 2016.

        For the new possessory title which began in April, I will have to take out another one, but this does not entirely eliminate the negativity a possessory title brings.

        An estate agent told me that because possessory titles are now rare and a thing of the past, the younger generation of professionals and lay people are wary of them. I have lived in this house for 38 years. It will now will take another 12 years to finally acknowledge that this place is mine. If my maths is correct, that's 50 years. I'd say, stretching caution to absurdity.

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        • #5
          Originally posted by lgfa92 View Post
          Possessory titles are restricted in law from being upgraded until the 12 year limit is reached via the Land Registration Act 2002 . There may be a way around it but I'd expect that you'd need to consult a specialist in land law to see if there is.
          3 solicitors have been involved with my deed anomaly. Maybe with a 4th, I will get lucky. However, I am beginning to think that there is no time off for good behaviour. I fear the sentence is 12 years to the day.
          Thanks for your interest.

          Comment


          • #6
            Originally posted by zaffy View Post

            3 solicitors have been involved with my deed anomaly. Maybe with a 4th, I will get lucky. However, I am beginning to think that there is no time off for good behaviour. I fear the sentence is 12 years to the day.
            Thanks for your interest.
            It is starting to sound like, for the 12 years, there may not be a way around.

            Comment

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