24/07/2025
In England and Wales, the strongest and best form of property ownership is absolute title. This signifies that the registered owner has full, undisputed rights over their property, which cannot be legally contested or claimed against.
However, there are certain instances where landowners have incomplete evidence of ownership. This can happen, for example, when original title deeds have been lost or destroyed, or in situations where land has been acquired through adverse possession (squatter’s rights).
When you are considered the owner of a property, but the Land Registry cannot legally certify ownership in the normal way, you are said to have possessory title.
In this blog, our experienced Property Solicitors answer some frequently asked questions about possessory title.
What is possessory title?
Having possessory title over land or property means you are considered its owner, but HM Land Registry cannot grant you absolute title because of missing or incomplete paperwork.
This typically happens if:
- The original title deeds have been lost or destroyed.
- The land has been acquired through adverse possession (squatters’ rights). Adverse possession is a legal principle that allows someone to claim ownership of land they have occupied without the owner’s permission for a specific period.
Can you get a mortgage on possessory title?
Yes, it is still possible to get a mortgage for a property with possessory title in the UK, depending on the lender.
Possessory title properties have a higher level of risk than those with absolute title. If you are thinking of buying a property with possessory title, your conveyancer is likely to recommend taking out title indemnity insurance to protect against future claims.
Can you sell a property or land with possessory title?
Possessory title is a registered and recognised form of property ownership which means you are legally entitled to sell a property or land with possessory title.
However, buyers may be put off by the lack of absolute title, and owning a property with possessory title is likely to have an adverse effect on its market value.
A specialist property solicitor will be able to gauge the quality of the level of the possessory title, which can help establish a fair price.
Can you change possessory title to absolute title?
Yes, you can apply to the Land Registry to upgrade possessory title to absolute title for:
- Possessory titles after lapse of time. Once a possessory title has been registered for 12 years, owners can apply to upgrade the title to either an absolute freehold or a good leasehold title.
- Possessory titles with better documentary evidence. You can apply at any time after registration to upgrade a possessory or qualified title in land if you can produce additional evidence of title to HM Land Registry that would remedy the reason why a possessory title was granted in the first place.
If you need help with a possessory title application or adverse possession claim, speak to Russell & Russell solicitors.
Our experienced possessory title lawyers in the North West help landowners across the region and wider UK secure ownership of land and protect their property rights.
For more information and to speak to one of our possessory title legal specialists, call us on 0800 103 2600 or make an online enquiry.
Read more about upgrading class of property title here.
Can you challenge possessory title?
Yes, a possessory title can be challenged by someone who claims to have a stronger legal right to the property or land.
Challenges to possessory title are usually made if someone can prove documentary ownership of the property or land (for example, if lost deeds reemerge) or there is evidence that the possessory owner took possession of the property through trespass or fraud.
Possessory title challenges can be legally complex and specialist advice from an experienced property solicitor is vital.
Possessory Title Solicitors North West
At Russell & Russell, we can advise on a wide range of property issues, including possessory title.
Our specialist property solicitors have considerable experience of successfully applying to the Land Registry where a possessory title is claimed.
Our possessory title legal service includes gathering evidence, drafting the required statutory declarations and ensuring all legal documentation is complete.
We can also advise on conveyancing on properties with possessory title and ensure you are protected at every stage of the transaction.
For more information about our possessory title legal service, or to speak to one of our conveyancers, call 0800 103 2600 or make an online enquiry.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.