An individual’s right to assert ownership of a property based on their possession or occupation can be known legally as a possessory land title. While owning a home can be a substantial source of security and pride, there is also a great deal of responsibility that comes with it to safeguard it from any potential threats or challenges to your ownership.
This post will give you insightful information and practical advice to help you protect your possessory title and maintain your ownership rights for years to come, so let’s get started.
Protecting Possessory Title
Research the property’s chain of title
Protecting a possessory title requires researching a property’s history to determine its legitimate owner. A “chain of title” shows who can legally own land or make usage and occupancy choices. Considerations while investigating your property’s chain of title:
- Finding previous owners: If there were numerous owners, check each deed.
- Establishing heirship: If necessary, establish ownership based on any heir other than the subject of any deeds you studied.
- Confirming possession status: Check if the property is owned by someone else or rented under a short-term lease.
- Checking mortgage information: Find out who has the property’s mortgage and how it’s paid.`
Investigating a chain of title is complicated, but it’s necessary to prove legal ownership and preserve one’s possession. Land titles must be carefully documented and validated before they have legal weight, therefore mistakes can have major ramifications for possessory rights and financial investments.
Record a possessory title claim
Make a claim with the local council where your land is located to protect your possessory title. You must demonstrate that you have owned the property and used it openly and notoriously for a specific period in order to succeed in a possessory title claim. Your claim must be filed, updated annually, taxes paid, and open and well-known possession activities continued.
Monitor the property for encumbrances
The simplest way to protect your possessory title is to keep an eye on your property constantly. You should keep records of any insurance claims, mortgages, liens, fines, or other obligations that could reduce the value of your possessory title. Be alert for any unexpected work or expansions.
Monitoring may also involve looking up local public records for mortgages and liens on real estate.If you keep up with potential debts against the property, your possessory title will be safeguarded.
Defending Possessory Title
Understand the legal defences to possessory titles
Possessors have a wide range of legal options for defending their titles. You must first establish your claim to the land before you can assert that the other party’s documents are void or expired. The statute of limitations, which establishes a time limit for suing after realising a mistake, can then be upheld.
The fact that the original owner temporarily permitted you to use their property shows implicit acceptance of the remedy. Finally, it might be challenging for the legitimate landowner to show their possessory rights before dispossession and restore them if you start unjustified dispossession actions against them.
It is crucial that all liability and risk rest on those who challenge your possessory title; protecting ownership must be defined as an undertaking with no role as claimant on behalf of yourself as a possessor in order to safeguard it from encumbrances or other dangers originating from adverse property claims or encroachment litigation.
If someone attempts to demonstrate effects detrimental to your possessory title over land you currently occupy, legal action must be taken immediately to improve court chances.
Consult a lawyer to defend your claim
A skilled lawyer can assist you to defend the possessory title to your property. They will analyse the legal characteristics of adverse possession, including time and duration. Governments can have different criteria for adverse possession.
The legal entity will also consider how long you have used the land and if you have paid taxes. Paying property taxes can be enough to prove adverse possession against a claim of ownership.
Your attorney will also consider additional circumstances that affect possessory actions, such as:
- How you acquired possession;
- Whether there was an agreement between the parties;
- If money has exchanged hands;
- What actions have been taken on behalf of either party regarding improvements or upkeep; and
- Whether notice has been given to contest the right to occupancy.
Negotiate a settlement if necessary
If another party asserts possessory title to a property, the true owner may need to enter into settlement talks to protect their rights. This might entail giving up the possessory title for a fee or renting the property to the rightful owner.
Before discussions, compile and evaluate each party’s rights. To ascertain who has legal control over the property may entail examining deeds and leases. Every settlement should take into consideration state-specific property tenure and registration laws.
Both parties need legal counsel when there is a possessory title dispute. Being well-prepared prior to discussions will help you maintain your possessory title.
Conclusion
The true owner of a piece of property may need to engage in settlement negotiations if a third party claims the possessory title. This might entail renting the property to the legitimate owner or renouncing the possessory title for a fee.
Gather and evaluate each party’s rights before discussions. This might entail looking at deeds and leases to figure out who has legal authority over the property. The laws governing the tenure and registration of property in each state should be considered in every settlement.
When there is a possessory title dispute, both parties require legal representation. You’ll be able to keep your possessory title if you come prepared for discussions.
