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Updating possessory title to absolute?

10 replies

Dougt · 22/02/2024 17:39

Anyone done this or can advise? We bought a house in 2015 which had a small plot of land next to the side of it. The previous owners husband had bought the land in 2010, but it was in a possessory title. The possessory title was therefore granted in 2010. It’s just the land on a possessory title and as far as we are aware there have been no adverse claims or anything.

Since it’s now over 12 years we would like to apply to upgrade the absolute title.
I know we have to fill in a form and send to the land registry. But we also need to provide a statutory declaration. Should we go through a solicitor to do this or can we do it all on our own? I think we would need a solicitor to do the stat dec anyway. The land registry form and guidance is not very clear for lay people!

Any advice would be appreciated!

OP posts:
Propertylover · 22/02/2024 20:17

@Dougt I am not sure if I am allowed to do this but if you go onto the Money Saving Expert Forum, https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

Set up a thread and copy in @landregistry there is an authorised account from Land Registry and they can advise you.

There is also this practice guide https://www.gov.uk/government/publications/upgrading-the-class-of-title/practice-guide-42-upgrading-the-class-of-title

Alternatively phone Land Registry, they really are helpful.

Finally I agree you probably need a solicitor to do the stat dec so getting them to do the upgrade makes sense. Sometimes £ is the safest way to make sure you get it right.

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LandRegRep1862 · 27/02/2024 10:30

Form UT1 is generally all you need here and ticking the relevant panel/box in section 10(c)
Unsure where your stat Dec comes in as you post that the possessory title is already registered and has been since 2010.
So you aren’t claiming the land but simply upgrading the title
The PG 42 linked to and form UT1 explain

Dougt · 27/02/2024 13:11

LandRegRep1862 · 27/02/2024 10:30

Form UT1 is generally all you need here and ticking the relevant panel/box in section 10(c)
Unsure where your stat Dec comes in as you post that the possessory title is already registered and has been since 2010.
So you aren’t claiming the land but simply upgrading the title
The PG 42 linked to and form UT1 explain

Thank you@LandRegRep1862
Honestly the form and guidance is really not the clearest.

In section C which of the 3 boxes do I need to tick? If I’m the applicant AND registered proprietor do I just select the first two? Or just the first one?
do I then not need to submit any documents?
is a stat dec not necessary?

OP posts:
LandRegRep1862 · 27/02/2024 14:15

Work through the form in numbered order so you complete panels 6 and 7 with your details
Panel 9 - first box as you are applicant and registered proprietor. And as a result you don’t need supporting docs, unlike the next option.
Panel 10c is next and you are the registered proprietor

It can be confusing as the use of applicant or registered proprietor throws people. The distinction exists as whilst you can apply as you are doing there can be cases where it’s not the current registered proprietor whose applying eg you’ve sold and the buyer is then applying at same time as trying to register their purchase

Dougt · 02/03/2024 14:04

Thanks @LandRegRep1862 you have been so helpful. Form completed and postal order purchased ready to send off!

OP posts:
Feijoajam · 19/04/2024 12:41

@LandRegRep1862 I'm in a very similar position with a parcel of land (adjoining our house's plot) which has had possessory title since 2007, and your information above has been invaluable.
The only other query I have is that, in my case, the title is held in joint names with my partner: so do we need to put both our names on the application?
Many thanks in advance

Dougt · 20/04/2024 11:29

@Feijoajam I just put my name (jointly owned too).
It was processed very quickly by the land registry so all sorted now.

OP posts:
Feijoajam · 20/04/2024 12:13

Thank you @Dougt. Did the Land Registry inform you when complete?
I ask as it took 18 months of chasing the bank and LR when I redeemed my mortgage because of having 2 title deeds (they removed the bank charge on the small strip of land but not the plot including the house itself! 😣)

Dougt · 20/04/2024 13:20

They sent a copy of the updated (absolute) title deed in the post to confirm it was done. It took less than two weeks but I was expecting it to take longer. I think there is some information on their website about average/maximum waiting times.

OP posts:
Feijoajam · 20/04/2024 13:22

Great! Thank you 👍

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