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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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How difficult is it to upgrade a possessory title to a title

Resolved Question:

How difficult is it to upgrade a possessory title to a title absolute? The original Deeds have been lost but we had copy Deeds which we sent to the land registry last year but were only awarded possessory title. What evidence would they need to upgrade? Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Well, sometimes but that doesn't seem to be what happened here.I presume you accept instructing them to do the work?
Expert:  Remus2004 replied 1 year ago.
I am sorry. I didn't mean to respond to this.That post was designed for somebody else.I will opt out for others.
Expert:  Aston Lawyer replied 1 year ago.
Hi,Unless you are able to produce the original Deeds to he Land Registry, they won't upgrade the title to absolute. However, you can automatically upgrade to absolute after you have held the possessory title for 12 years. At such time, all you would need to do is to send in the appropriate application form and fee (currently £40) to the Land Registry.Sorry that you are going to have to wait a good few years before this can be done.I hope I have assisted you and set out the legal position.Kind RegardsAl
Customer: replied 1 year ago.
Are the original deeds the only paperwork the Land Registry will accept to upgrade?
Expert:  Aston Lawyer replied 1 year ago.
Hi, yes-if they were only prepared to grant possessory title on the documents already provided, they will only upgrade you now if the original Deeds are found and passed to them. Kind Regards Al
Customer: replied 1 year ago.
The solicitor we used only sent the copy of the deeds to the Land Registry, no history or other evidence. I have since found the company directors who sold the freehold to our Residents Association and they have written a statement of truth, we've never paid ground rent since 1988 and have maintained and insured the building since 1988. I also have the draft of the Deeds showing the solicitors used on both sides. Is there really no hope without the original Deeds?
Expert:  Aston Lawyer replied 1 year ago.
Hi, any Statement of truth from the Seller wouldn't add any further value than the copy Deeds already produced to the Land Registry. Likewise, the evidence of Buildings Insurance is merely evidence of possession and does not prove you have absolute title to the property. I am afraid, therefore, that my opinion is that you would fail in any application to upgrade. Sorry, but I'm just being honest. Kind Regards Al
Customer: replied 1 year ago.
Thanks I appreciate your honesty!
Expert:  Aston Lawyer replied 1 year ago.
Thanks. If I have assisted, I would be grateful if you could rate my answer. Best Wishes Al
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 2 other Property Law Specialists are ready to help you