posessory title

[barnoldswick]

i believe a posessory title is issued when someone claims the title deeds have been lost or destroyed. My neighbour is claiming a piece of land on this basis. This land is part of an unadopted lane and has been used by several occupants on the lane for the 26 years that i have lived here. In the 10 years my neighbours have lived there they have never complained about any of us parking there, the land adjoins land which they actially own which is obviousely why they are claiming it. if they are successful in aquiring title deeds it will cause great hardship for other occupants of the lane. they threatened me with a court injunction if i or anyone visiting use this land. I wasn't even aware they had registered the land untill 2 weeks ago when out of the blue they issued me with this warning of a court injunction. The land registry informed me that my neighbors obtained the posessory lease 2 years after buying the property [ 8 years ago] . It is now coming up to 10 years since they bought the property so does that mean they can claim the land without notifying local occupants after 10 years. It can be proved that they have not had sole use of the land at all since they moved in .

[Eve]

Sorry but can you clarify, do they have possessory title registered at the Land Registry to the adopted lane as yet or are they just claiming it?

[Eve]

You may also find leaflets 4 and 5 on this link useful...

http://www1.landregistry.gov.uk/publications/? pubtype=35

[barnoldswick]

yes they regitered the posessory title 8 yrs ago unbeknown to other residents who use the land. thanks

[Eve]

They would only have given notice to interested parties such as the registered proprietor, mortgage lender etc... based on any existing register or deeds they had.

Have you checked your title deeds to see if any right already exists?

You could try getting a right of way or similar registered by say implication (previous use) or prescription (accrued right over a period of 20 years).

I'd suggest ringing the Land Registry who can be very helpful with these matters and suggest what you can do, forms needed etc...

You can find the relevant office here...

http://www1.landregistry.gov.uk/regional/

Alternatively you could sound someone at if any local law firms run free legal surgeries or a free initial consultation though advice may well be limited.

If you are querying the possessory title, please note that the rules have changed recently so it will have been done on the old rules if that long ago.

Exlcusivity, however, would relate to your neighbour holding the land to the exclusion of the true owner, renters, hunters, and anyone else who entered the land with the permission of the true owner.

[barnoldswick]

thank you so much, you have been a great help and i will follow up your recommendations

[buildersmate]

Jenna - I'm curious. If the land was being claimed by Adverse Possession, it would surely have to be fenced off and maintained for the claim to be successful. It clearly isn't otherwise Barnoldswick and others wouldn't be able to park there. I suspect that this neighbour is making the claim on the basis that they DID own it all along, and not by Adverse Possession - they just don't have the documentary proof?

[Eve]

I'd definitely query it with the Land Registry, you may even be able to see what they gave the Land Registry in order to get the possessory title.

Factual possession is not always straightforward (eg squatters). Fencing is a useful indicator but not necessarily proof.

It goes on the �sufficient degree of exclusive physical control� over the land and the nature and use of the land is considered.

Please ask about what you might be getting into querying it though as it can get lengthy and expensive if all sides can't agree - I'd get a few of you together if any action is to be taken. They best way is to get some kind of an agreement, get it in writing and have it lodged.

I would recommend a solicitor draws this up, (unless it's very very clear) and preferably by deed as they are likely to consider things you might not have.

I would be interesting to get some more info as to the layout of the land in question, stated as an unadopted lane and I find it strange if it was obvious from a plan there were other properties backing on that LR didn't query the use of the land by those other properties.

Maybe they agreed to let others have the right to use it or posisbly rights are already in existence which should be checked as above.

Strange, if they've had the title for 8 years they've only just had a problem now if they've lived there all along.

Has sone of the users upset them or is there any development potential (or being a ransom strip - eg valuable access required by a developer) for the land or is it something they could be thinking of selling to raise money?

Alternatively are they thinking of selling their main property with the possessory title and are worried use by others may put sellers off or a seller could have raised an issue?

Maybe having made their own claim they're now worried about others making a claim

[buildersmate]

I suspect the neighbours are parking on the side of the unadopted lane. if the lane has a wide verge margin to it, it may be unclear whether the whole width of the lane is part of the lane or not. Solicitors looking at access arrangements would then ascertain that right of access by prescription was established and wouldn't query it further. That, of course, doesn't entitle the owner to park on the lane - merely pass and repass etc. Now someone is claiming ownership on the lane verge. Maybe Barnoldswick will return to enlighten us.