Issues With Title

[TheChandler]

Am buying a property which has a part possessory title. Can anyone clarify who usually pays for an insurance policy in connection with this, the buyer or the seller? Surely it is the seller's duty to provide a good title?

The seller seems to be getting irritated with our questions regarding the title and is not willing to provide an insurance policy.

Usually the seller pays, but you can't force than to.

Are you buying with a mortgage? If so, your lender will probably insist on there being a policy, so if the seller won't pay you will have to

I think it's just for negotiation. In fact I didn't think we had many possessory titles in the UK.

We bought a house with possessory title. The seller paid for the policy. However, as NiceAcorns says, if you are getting a mortgage your lender will insist on a policy being put in place so you may have pay if your seller point blank refuses to.

There aren't many possessory titles; when they occur it's usually part of the garden. Is that what yours is?

Yes, that's right NiceAcorns. Its part of the garden but there is additionally another area of land, over which the property has its only right of access from the main road, which is has no registered owner. We're paying full price for it (with a mortgage). I cannot understand why the seller is refusing to pay for the insurance policy. Surely it is their duty as seller to provide a good title?

I don't mind coming and going a bit and its not a big deal, but I'm a bit surprised. Its all a bit off-putting. Imagine if there were a dispute at a later date to title e.g. by a neighbour, which prevented vehicular access to the property.

Sounds like you might need Absence of Easement insurance too - might not need it, but ask your solicitors