• Possessory Title

    By Guest on 28th Nov 2013

    My solicitor has advised that the owners of the house we are buying should apply for small piece of land that is enclosed within the property boundary as it does not appear on the land registry documents. It does not prevent access to the property.
    My solicitor has refused to progress our purchase and authorise our mortgage until this land has been granted. My question in this: does the Legal indemnity insurance give us and our lender protection? and does this have to applied for alongside the claim for the land?

  • 1 Answers

    By Guest on 26/07/2014

    If the land in question does not form part of any essential access to the property and has no buildings on it then most mortgage lenders will be happy to land provided indemnity insurance is obtained. Usually this will be sufficient for a buyer as well but if the land in question is important to your enjoyment of the property you should consider asking the seller to make an application to be registered with possessory title so the land can be transferred to you. As a minimum you should as the seller to provide a statutory declaration (which in any event will be required to support the indemnity policy) so that you will have the option of applying to be registered with possessory title in future.

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