Section 49 application for Possessory Title

mrsWhippy

Can someone tell me if the only way to convert a possessory title to an absolute title is a Section 49 application, genearally speaking?

Given a situation where a person was left a property in their will 40 years ago, but that the title handed down was only a possessory title, do these situations take forever to resolve, or if it was straightfoward, could it be completed in months rather than years?

Many thanks

Mr. Incognito

You can register possessory title with the Land Registry.

Once it is registered for the requisite period of time (12 or 30 years respectively) it can be converted to full freehold title.

mrsWhippy

Mr. Incognito wrote: »

You can register possessory title with the Land Registry.

Once it is registered for the requisite period of time (12 or 30 years respectively) it can be converted to full freehold title.

So if I understand correctly, this title has to be registered with PRAI for at least 12 years *before* it can be converted?

If someone has deeds to a house which was legally passed onto them, can we assume the title is already registered?

Pat Mustard

mrsWhippy wrote: »

If someone has deeds to a house which was legally passed onto them, can we assume the title is already registered?

Not necessarily. It is possible for deeds to be executed and even stamped and yet not registered. The relevant searches should show if a deed is registered or not. Assumptions are of no real use.

Mr. Incognito

mrsWhippy wrote: »

So if I understand correctly, this title has to be registered with PRAI for at least 12 years *before* it can be converted?

If someone has deeds to a house which was legally passed onto them, can we assume the title is already registered?

Pretty much.

You can apply for squatters off the bat but it'll be sitting in the Land Registry and queried back and forth for at least that length of time anyway.

Registering possessory title is much easier as it sails through after the 12 years are up in my experience

mrsWhippy

Trying to understand the documentation on the PRAI site is a nightmare!

OK, I am pretty certain the deeds have been registered with the Registery of Deeds, but not the Land Registry. Is there any way to avoid going for Adverse Posession? Given my mother has been living there for 40+ years.

Pat Mustard

mrsWhippy wrote: »

OK, I am pretty certain the deeds have been registered with the Registery of Deeds, but not the Land Registry. Is there any way to avoid going for Adverse Posession? Given my mother has been living there for 40+ years.

Obviously, this is not a hypothetical situation.

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