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    Home»Law»Why Should You be Cautious when Exercising Possessory Title?
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    Why Should You be Cautious when Exercising Possessory Title?

    GiannaBy GiannaJanuary 14, 2023No Comments3 Mins Read

    We need to know a little bit more about the documentation that may be accessible from Land Registry. It is vital to know about the information supplied on the title deeds, and what that information informs us about the land in order to grasp possessory title. Also inquire what’s involved when applying for it.

    If a piece of land gets registered with the Land Registry, a specific title number would be assigned to it. This number may be used to get title deeds, documents, and title plans. Such documents would contain information on the owner, the most recent purchase date and price of the land, along with any restrictions (commitments that must be abided by under the law). Additionally, each parcel of land’s class of title will be indicated in the title papers. The finest legal title that can be acquired is one that is absolute since it signifies that the listed proprietor has an undisputed right to possession.

    Rest assured this has been the most typical kind of title; otherwise, selling and purchasing would be far more difficult, unpleasant, and time-consuming. The category of title would stay intact for any subsequent owners even after the land is “transferred” or sold to the new owner.

    Contrarily, a piece of property with possessory title indicates that it is possible, regardless of how probable or improbable, for another person to be able to show that they will eventually have greater rights to that property than the owner listed on the deeds. The reasons why a portion of land has rights of ownership instead of title absolute could be complicated and varied, and they are sometimes not immediately apparent to a lawyer or conveyancer on reading the paperwork.

    Hostile possession may be acknowledged on the production of possessory title. It would occur when a person lacking any legal rights to the property has enjoyed exclusive, unhindered access along with possession of the land for a certain amount of time may now assert it as their own. The Land Registry Act permits this since it has long been thought that land must be used. A landowner who is wasting resources and creating a possible nuisance for the neighborhood might not be using the property, might be unaware that they are the owner, or worse, is ignoring the property.

    This is why possessory title occasionally serves as a cautionary tale, even if it frequently lacks a clear, crisp storyline. Before investing in something or seeking to acquire territory as your own, you must take all possible outcomes into account. This procedure takes a lot of time, and there is no assurance that no objections will be raised or that the Land Registry won’t receive new information that may thwart an application.

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