Can Possessory Title Be Challenged

Can Possessory Title Be Challenged

Can Possessory Title Be Challenged

A possessory title can be challenged. The possessory title is granted when an individual does not possess all the required documents for an absolute title, and it often arises through adverse possession or the lack of documentary evidence of title.

If someone believes they have a better claim to the land or property, they can challenge a possessory title and apply for registration. This challenge can involve producing title deeds or evidence to establish a superior claim to the property.

It’s important to note that a possessory title is not as secure as an absolute title, making it susceptible to challenges by individuals with stronger claims.

What Is Possessory Title Land Registry?

Possessory title in the land registry refers to a type of land title registration where the landowner is recognized as the possessor or occupier of a property, but there may be some uncertainty or lack of clear documentation regarding their legal ownership.

Here’s a more detailed explanation:

1. Lack of Absolute Title: Possessory title is typically granted when the owner cannot provide the necessary documentary evidence to establish an absolute title. Absolute title provides a clear and undisputed legal ownership of the property.
2. Adverse Possession: Possessory title may also arise through a legal doctrine called adverse possession, where an individual claims ownership of land through long-term possession and use without the formal legal title.
3. Registration: To obtain a possessory title, the landowner must apply to the land registry, providing evidence of their continuous and uninterrupted possession of the land for a specified period (usually 12 years). The land registry then recognizes them as the possessor of the property.
4. Limited Security: It’s important to note that possessory titles do not provide the same level of security as absolute titles. The title is subject to potential challenges, and individuals with superior claims to the property can contest the possessory title.
5. Title Conversion: In some cases, after a possessory title has been registered for a specific period and no challenges arise, it may be possible to apply for an upgrade to an absolute title, providing more security.
6. Title Insurance: Landowners with possessory titles may consider purchasing title insurance to protect against potential challenges to their ownership.

Possessory title in the land registry is a recognition of the landowner’s possession and occupancy of the property, but it should be understood that it may not provide the same level of security as an absolute title, and the title’s status may be subject to challenges or disputes by other claimants.

Should I Buy A House With Possessory Title?

Deciding whether to buy a house with possessory title depends on various factors and considerations:

1. Risks: Possessory titles are not as secure as absolute titles, as they may be subject to challenges by individuals with stronger claims. You should carefully assess the potential risks involved.
2. Legal Advice: It’s crucial to seek legal advice from a property lawyer or conveyancer who can evaluate the specific circumstances of the possessory title and provide guidance on the associated risks.
3. Title Insurance: Consider obtaining title insurance to protect yourself against any unforeseen challenges to the possessory title.
4. Property History: Research the history of the property, including how the possessory title was obtained and whether there have been any adverse possession claims in the past.
5. Negotiation: You may have room for negotiation with the seller regarding the price or terms of the sale to account for the risks associated with the possessory title.
6. Long-Term Plans: Consider your long-term plans for the property. If you plan to live in the house for a short period, the possessory title may pose fewer risks than if you intend to hold the property for an extended period.
7. Local Laws: Familiarize yourself with local property laws and regulations that may impact your decision.

Ultimately, the decision to buy a house with a possessory title should be well-informed and based on a thorough assessment of the risks and your individual circumstances. Consulting with a legal professional experienced in property matters is strongly recommended.

Can You Build On Possessory Title Land?

Building on possessory title land may be possible, but it depends on various factors, including local regulations, the specific circumstances of the possessory title, and the willingness of relevant authorities to grant permissions. Here are some key considerations:

1. Local Regulations: Local zoning laws and regulations play a significant role in determining whether you can build on possessory title land. You must check with the local planning or zoning department to understand the rules and restrictions in your area.
2. Title Status: The status of the possessory title itself is crucial. If there are ongoing disputes or potential challenges to the title, it may affect your ability to obtain permits for construction.
3. Title Conversion: In some cases, possessory titles can be upgraded to absolute titles after a specified period of uninterrupted possession. This conversion may improve the prospects of building on the land.
4. Title Insurance: Consider obtaining title insurance to protect your investment in case of title-related issues or challenges during the construction process.
5. Legal Advice: Seek legal advice from a property lawyer or conveyancer who can assess the title and advise you on the feasibility of building on the land.
6. Selling Considerations: If you plan to sell the property in the future, keep in mind that potential buyers may also be concerned about the title status.

It’s important to thoroughly research and understand the specific circumstances surrounding the possessory title and consult with local authorities and legal professionals to make an informed decision about building on such land.