• Possessory Title

    By Guest on 25th Feb 2017

    Can i have your advice/opinion please? PART B says:

    Part B : Proprietorship

    This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

    Title possessory

    1. (30.03.2016) PROPRIETOR: XXXXXX XXXX XXXX of XX Xxxxxxx Road, Merthyr Tydfil CFXX XXX Executor of Xxxxx Xxxx deceased.

    2. (30.03.2016) the value stated as at 30th March 2016 was £160,000.

  • 5 Answers

    By Guest on 26/02/2017

    The property is registered with Possessory title. This doesn't mean that the paper title owner can claim back the land - his title has been extinguished - but it does mean that it may be subject to unregistered third party interests such as covenants or rights of way or possibly even financial interests. If the land has been registered with possessory title for 12 years or more it can be upgraded to absolute title and this be free from such interests. There should be another entry detailing the "First Proprietor" which will tell you when it was first registered

  • By Guest on 26/02/2017

    I'm more confused.

    This is what Part C says:

    C: Charges register

    This register contains any charges and other matters that affect the land.

    1. (30.03.2016. The land is subject to such restrictive covenants as may have been imposed thereon before 30 March 2016 and are still subsisting and capable of being enforced.

    END OF REGISTER

  • By Guest on 26/02/2017

    I'm more confused.

    This is what Part C says:

    C: Charges register

    This register contains any charges and other matters that affect the land.

    1. (30.03.2016. The land is subject to such restrictive covenants as may have been imposed thereon before 30 March 2016 and are still subsisting and capable of being enforced.

    END OF REGISTER

  • By Guest on 27/02/2017

    This tells us that the land was first registered with possessory title on 30th March 2016, so you would have to wait til 2018 before upgrading to absolute title. In the meantime if you do something on the land which is in breach of a restrictive covenant, such as not to use it for business purposes or build an extension, you may be liable for the breach even though you didn't know about the covenant

  • By Guest on 06/03/2017

    Hi again. Sorry to come back again but, I thought Absolute applications were only eligible after 12 years. Have I misunderstood? Thank you. Sheryl

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