What is a possessory title and should I be concerned?
A possessory title is a type of land ownership recorded by HM Land Registry when the full legal title (usually the deeds) cannot be produced — often because they’ve been lost, destroyed, or never existed.
While it still gives the right to possess and occupy the land, it offers less legal protection than an “absolute title”, and this can create problems — particularly when buying at auction or
securing a mortgage.
TYPES OF TITLE AT LAND REGISTRY
HM Land Registry classifies title into several categories:
Absolute title – full legal ownership with complete documentation (standard and most secure)
Possessory title – ownership based on long occupation or loss of deeds
Qualified title – ownership is limited by a specific known legal defect
With a possessory title, you are legally recognised as the owner — but your claim is open
to challenge by someone with better evidence.
WHY DOES THIS HAPPEN?
Possessory title may be granted where:
- A property is registered for the first time but the deeds have been lost
- Someone claims ownership after adverse possession (squatter’s rights)
- Title cannot be proven due to historical or unregistered transactions
You may see this in auction legal packs, especially for rural land, garages, or older properties.
What are the risks?
YOUR OWNERSHIP COULD BE CHALLENGED
If someone finds the original deeds or proves a better claim, you could lose part or all of the land.
LENDERS MAY BE RELUCTANT
Many banks won’t lend against possessory title unless indemnity insurance is in place.
VALUE MAY BE AFFECTED
The property may be harder to sell or remortgage until the title is upgraded.
Can it be fixed?
Yes. After 12 years of uncontested ownership (or 6 years in some cases), you can apply to upgrade the title from possessory to absolute. Until then, your solicitor can:
- Arrange title indemnity insurance to protect against challenges
- Confirm if any supporting documentation exists to strengthen your claim
- Advise on how and when to make an upgrade application to the Land Registry
SUMMARY
A possessory title means ownership isn’t backed by full legal proof — and while it doesn’t stop you buying or living in the property, it can affect value, lending, and resale. At Versus Law, we’ll flag these issues early, guide you on the risks, and arrange protection where needed to help you proceed with confidence.