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Posted Fri, 05 Apr 2024 13:09:35 GMT by Simon Cooper
Hi I have a raised a query about my title plan REF 243018 3138292 K982601 because it currently excludes 2 parcels of land, which are within the boundary of the property. I had a response from the Land Registry to say that there had not been an error in the title registration by the land registry. I then responded back to query whether an error had been made over 30 years ago when the land was subdivided to form the plot that latter became 26 Bridewell Park. I had a letter from solicitors of the sellers of the property to us in 2013 suggesting there had been an error by the Land Registry.  I have not had a response to this query please could you investigate and give me an update.  Currently we are selling the property and the chain is close to collapsing because of our lack of progress in resolving this issue. 

I also had another question. Our solicitor suggests that if we are unsuccessful in the query we have raised to the Land Registry we will need to do an adverse possession application for the 2 parcels of land, 1 of which is unregistered, and 1 of which appears to be within the title plan of a neighbour's house. He says we can not apply to the Land Registry to expedite an adverse possession application. Is this correct - can adverse possession applications related to a sale and purchase not be expedited? What are your timelines typically for completing an adverse possession application? 

Thanks
Simon 
Posted Fri, 05 Apr 2024 13:27:21 GMT by Nimish Patel
Hi Simon

I have asked the team who dealt with the enquiry under ref 243018-3138292 to look at the further contact and respond as soon as possible. 

With regards to your 2nd question, there is nothing to stop requesting an adverse possession application to be expedited.  However, it would be helpful to clarify that expedite means the application is treated as a priority after the request has been approved. How long it then takes is entirely up to whether the application can be completed there and then or not. If the evidence provided is sufficient, and no additional actions are required, then great. But if the evidence is not sufficient then the timescale may be stretched until the issues are resolved. It is important to realise that expediting an application does not shortcut the registration process and requirements in any manner.  In case of claims under Adverse Possession there are number of other actions that may be required, for example survey, serving notices to any parties that may be affected and giving them opportunity to object, etc.  These will vary in each application so it would not be possible to give a typical timescale. 

I hope this help.

 
Posted Fri, 05 Apr 2024 13:35:57 GMT by Simon Cooper
Thanks Nimesh, that is helpful, so we can raise a request to expedite an adverse possession application but the application will only be treated as a priority after the request to expedite is approved? How long does it typically take to approve a request to expedite? Thanks Simon 
Posted Fri, 05 Apr 2024 13:42:18 GMT by Nimish Patel
Simon - We normally consider requests by next working day. 

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