Possessory Title Archives

Sep 16

What are the implications of buying a house, with a garden of unknown ownership?

I am interested in buying a house that has a garden attached. The current owner has been using the garden but nobody knows who actually owns it. The Estate Agent says a solicitor has been unable to trace the owner. What are the implications of buying the house and, if the garden is unregistered land, could we register ownership of it?

On the basis that the title of the house is of no issue the problem will be a lack of title deeds to the unregistered garden land. On completion of the purchase you will be looking to register your title to the house and garden but unless the sellers’ solicitors can find the title deeds to the garden your sellers will not be able to prove that they are the rightful owners of the garden.

The only solution is for the sellers to claim that they and their predecessors in title have enjoyed uninterrupted use of the garden for, ideally, more than 15 years. If the garden is also enclosed within the boundaries of the house then this will also help and will suggest that it has been enjoyed as part of the house and not part of any adjoining owner’s land.

Proof of the sellers’ ownership or uninterrupted long use of the garden can only be provided by way of Statutory Declaration evidence from the sellers and, ideally, their predecessors in title. These Declarations will identify the extent of the land concerned and will confirm that a long period of uninterrupted use of the land has been enjoyed by both.

Following completion, an application is made to the Land Registry for a Possessory Title. The Land Registry cannot grant an Absolute Title for the risk of the rightful owners proving to the Land Registry that they are the rightful owners.

If no-one comes forward claiming a better title than you to the land, then this Possessory Title can be upgraded to an Absolute Title at a later date.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Feb 11

At a loss at lost Title Deeds

We have lost the Title Deeds to our house. Where would we get duplicates from and how much would this cost?

The loss of Title Deeds is not as much of a problem these days as it used to be. This will, however, depend entirely on whether or not the title to your property is registered.

For example, in the Cardiff area all dealings involving properties since 1974 would have resulted in the need for compulsory registration of that property and if your property has changed ownership since 1974 then the title to it will now be registered.

The appropriate registration number can easily be obtained from the Land Registry by carrying out a search of the Property Index. This is done by inputting the postcode of the property and then identifying the appropriate title. You can then request office copies of that particular title number electronically at a cost of between £10 and £15 depending on whether or not you have an account with the Land Registry.

All property lawyers have accounts with the Land Registry either direct or through their Property Service Providers, and office copy entries can often be obtained at a reduced cost as a result of these arrangements, whereas members of the general public would pay slightly more for this service if requesting copies direct themselves.

The electronic copy of the Register is a snapshot of that Register at the date and time (to the second) that it is supplied. This facility enables solicitors to make up to date searches of the Registers immediately prior to purchases being completed to ensure that there are no last minute entries on the Register which would prejudice a would-be purchaser.

If the property is unregistered then the problem is far greater. This would require a reconstitution of the title which in turn would require Statutory Declarations by way of evidence from the owners and possibly predecessors in title detailing their length of ownership etc and also detailing how the documents had been mislaid.

In such cases the Land Registry would normally only provide a “Possessory Title” unless ownership can be proved beyond any reasonable doubt. If your title is unregistered and you have mislaid the Title Deeds to your property then you must contact a solicitor immediately as this is extremely urgent.

May 23

I can’t find the deeds to my house

I bought a house about 10 years ago and I have been having a bit of a clear out of all my documents and I cannot find any deeds to the house. In fact I don’t ever remember seeing any?

The Title to your property is likely to be registered at HM Land Registry. The Registry no longer issue formal documents as the information is kept on an electronic register with each property having its own Title Number.

Following completion, therefore, owners are now issued with a Title Information Document – a snap shot of the electronic register at the precise time on which the electronic copy is printed. This is effectively the main Title Document. If there are mortgages registered against the Title, or documents affecting the Title which contain covenants, or restrictions, then copies of these documents are often retained at the Land Registry and their existence mentioned on the register.

If you have a mortgage on the property the lenders only now retain the Title Information Document and the original Mortgage Document leaving you to retain possession of all pre-registration Deeds and Documents and other guarantees and documents relating to the property. Your solicitor will have returned the Title Information Document and Mortgage Deed to the lender and may well have retained the balance of these other documents, either on file, or in safe custody, at their offices.

Alternatively, the solicitors will have sent the balance of these documents to you to keep, and it is imperative you know where these are as the guarantees, planning permissions etc will need to be handed over in the event of resale.

May 9

Finding the owner of a plot of land

There is a small plot of waste land at the side of my house which I would like to buy to extend my plot. I have asked around but no-one seems to know who owns it. How do I find out who the owner is?

This is a very common problem. While the majority of land throughout England and Wales continues to become registered land with details registered at HM Land Registry, numerous pieces and parcels of land (many where ownership simply is not known) remain unregistered. With unknown parcels of waste land it is often difficult to identify the actual owner. You can carry out a search at the Land Registry to establish whether the land is registered. If it is, then identifying the owner is a relatively simple process. If the search shows the land is unregistered, then it is very difficult to establish who the true owner is, particularly if enquiries in the immediate locality prove unsuccessful. You are therefore left with the prospect of having to take steps to claim the land as yours. To do this you must enclose the land within your own property and enjoy uninterrupted occupation of it for up to 15 years before you can claim a Possessory Title at the Land Registry to the land in question. If during this time the true owner lays claim to the land then the Land Registration Act 2003 makes it easier to do so upon production of proof of title – despite the fact you may have occupied the land for the previous 10 years or so.

• Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property.