What does possessory title mean?

When is possessory title used?

HM Land Registry may grant a possessory title when someone applies to register a property or land but does not have the original title deeds or full documentation to prove ownership. Common scenarios include:

• Deeds have been lost, destroyed, or never formally created.
• A property has passed informally through inheritance or private agreement.
• Land has been used or maintained by someone for many years without a formal claim.
• A person is applying under adverse possession rules after long-term occupation.

Possessory title recognises the applicant as the owner in practice, but flags that the legal evidence is not complete.

What does possessory title mean in practice?

If you own a property with possessory title, you can generally do the same things as someone with full ownership. That includes:

• Living in the property.
• Renting it out.
• Renovating or maintaining the land.
• Selling or transferring it.
  

However, the title is not guaranteed, which means there is a chance someone else could challenge your ownership if they produce documents showing a stronger claim.

Because of this risk, possessory title is considered less secure than absolute title, and buyers or lenders may ask for extra protection like title indemnity insurance.

How does possessory title compare to other types of property title?

Not all land titles offer the same level of legal security. Here’s how possessory title compares to absolute title and qualified title, which are also used in UK property law:

Example: how someone might end up with possessory title

Let’s say Sophie owns a house that has a small plot of unused land at the back, which she has maintained for over a decade. The land is unfenced and has no visible owner. Sophie checks with Land Registry and finds that the land has never been registered, and there are no documents showing who owns it.

Because she has used the land exclusively, openly and without challenge for more than 12 years, she applies to register it in her name. Since she does not have formal deeds, the Land Registry grants her a possessory title, meaning she is the registered owner — but the land could still be claimed by someone with better evidence.

Possessory title and adverse possession

A possessory title is often linked to a legal concept called adverse possession — sometimes known as “squatter’s rights.” This is where someone occupies land for an extended period without the owner’s permission, and eventually becomes eligible to claim ownership.

To qualify under adverse possession, the person must show:

• Exclusive control of the property or land.
• No permission from the legal owner.
• Continuous, open use for at least 10 or 12 years (depending on the circumstances).
• No challenge or dispute during that time.

Once these conditions are met, they can apply for possessory title. It’s then up to HM Land Registry to decide whether to grant it based on the evidence.