Product Focus: Adverse possession Background The insured was purchasing a property where, on title investigation, it was discovered that an area of land on which a swimming pool was located, was in fact situated on land not owned by the seller and which was registered to a third party and also subject to a lease. This matter was further complicated by the lease having subsequently been varied, and the area of land in question being removed from the lease, although still registered to a third party. The Land Registry MapSearch clearly showed the delineation of these areas.
Ramifications of risk First Title had the benefit of a statutory declaration from the current owner, which showed occupation of the land since 2010, demonstrating at least eight uninterrupted and unhindered years of adverse possession. This was important and enabled First Title to consider this bespoke scenario further. First Title also had a statutory declaration from the previous owner confirming occupation since 1993, which provided further assurance when underwriting the risk.
The swimming pool had been installed sometime between 1993 and 2000 and photographs showed the extent of substantial boundary structures fully enclosing this area, and evidence that the area was within the garden to the residential property.
Outcome With confirmation of long and exclusive use of the adversely possessed land, and with no objections or challenges during that time, First Title was able to provide the insured with a bespoke Adverse Possession Policy on a continued use basis, which was issued on completion of their purchase transaction. The policy provided protection for the purchaser and future successors in title in the event of a claim by the legal title owner against the title to the adversely possessed land not being properly vested in the insured. For further information on how First Title can assist you with its range of specialist cover and policies, please contact directly using the details below.
Call: +44 (0)207 160 8218 Email: online@firsttitle.co.uk Visit: www.firsttitleresidential.co.uk First Title Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. First Title Insurance plc is registered in England under company number 01112603. Registered office: First Title Insurance plc, ECA Court, 24-26 South Park, Sevenoaks, Kent TN13 1DU.
Leading Title Insurance 1239-0219