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Posted Tue, 17 Dec 2024 09:08:00 GMT by Maggie Johnson
Good morning,
Our solicitors , Gilson Gray, submitted an application ref: HF35BFD, Title nimber: ND220157 and it was expedited 5/12/24. They submitted our signed ST1 and an FR1 but I am unsure what this means in relation to your procedures. 
I understand that expediting our application means that  it will be looked at within 10 working days but , will we be told more at this stage about the process and provisional timescales? I am asking as we are in a small chain and everyone was ready to exchange before this problem was discovered. Our buyers and the sellers of our onward purchase are  holding on for now but others in the chain are getting nervous and requesting  more details. Are you able to give us more clarity regarding procedure and timescale? Many thanks
 
Posted Tue, 17 Dec 2024 09:46:26 GMT by Adam Hookway
G M Maggie - the application form (FR1) and statement of truth (ST1) were both received on 3rh Dec. It was then expedited on the 6th Dec (I suspect they requested expedition on the 5th) and partially processed on the 10th Dec. 
The casework team contacted the conveyancer on the 10th Dec for more information but as yet we have not received a response. 
Hopefully the conveyancer can confirm and provide you with more details as appropriate
ND220157 
Posted Tue, 17 Dec 2024 10:12:36 GMT by Maggie Johnson

Thank you for your reply. I have contacted our conveyancer and they have told me that they have all the information ready to submit to you with the exception of ‘ Land Charges Search’. I am unsure if this is something they do or Land registry does? Once this is submitted, I’m assuming it will take another 10 working days for you to look at. If the application details are all complete, can you explain what will be the process going forward and possible timescale. Many thanks

Posted Tue, 17 Dec 2024 10:21:51 GMT by Adam Hookway
Maggie - they would usually do the LC search. No re the 10 days as that (expedition} is simply the rough estimate about the timescale from approval of the request to pro9cessing started. Thereafter it will be processed asap at each stage as appropriate. 
They need to provide a response to that initial request. The case will then be reviewed again and hopefully nothing else crops up as being an issue. So impossible to be definitive re timescales at present
ND220157 
Posted Tue, 17 Dec 2024 11:36:27 GMT by Maggie Johnson
Thank you Adam for taking the time to explain this to me. It is difficult to take everything in when you are feeling stressed. Are you able to let me know when all the response information has been received?
 
Posted Tue, 17 Dec 2024 11:45:34 GMT by Adam Hookway
Maggie - such things are often stressful as it's not a process too many are familiar with.
Once you know they have replied in full then post again and we can check again 
ND220157 
Posted Thu, 19 Dec 2024 09:05:09 GMT by Maggie Johnson
Good morning Adam,
I was told by our conveyancer yesterday, that they were about to send the requested documents . Please could you check if you have them.
Also, would you be kind enough to outline the Stages that will be needed to complete this application together with the minimum legally required times eg for people to reply etc. I understand that you are unable to give an actual timescale as this will depend on any issues that arise but, a baseline minimum timeline would be helpful in managing our expectations and also to enable others in our chain to make informed decisions. Many thanks for your help
Posted Thu, 19 Dec 2024 09:31:27 GMT by Adam Hookway
Good Morning Maggie - nothing as yet but I suspect they may be posting the documents so there will be a delivery time lag.
With regards next steps/timescales I would recommend having a read of our PG 5 section 5 for guidance on what our response is to such applications and what's often required.
Adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 (PG5) - GOV.UK
I generally advise that there are 3 key stages re such applications. Th first is ensuring that we have everything to enable us to consider the facts of the claim both legally and from a registration perspective - the conveyancer has some way to go before providing 'all' that's needed it seems
If everything is in order stage 2 is usually the survey stag. That's completed by Ordnance Survey and generally speaking they complete the survey and report back to us within 2 weeks. That report then has to be considered alongside the outcomes of stage 1 
If all is still ok then the third and final stage is usually serving notices on adjoining landowners and they are given a period of time, 3 weeks usually, to respond with any consent/objection 
As you already appreciate it's impossible to offer a definitive timescale as we are still at the initial stage of trying to get all the information from the conveyancer. 
I should also stress that the expedite status does not hasten OS or recipients of Notices. They are given the times as mentioned to respond.
If you are looking for a best-case scenario re this type of application, and based on the conveyancer having provided everything that's requested, then you are looking at probably 8/9 weeks wait time. That is however a very bext case scenario as simply too many moving parts here yet to be resolved.
ND220157 
Posted Thu, 19 Dec 2024 09:43:26 GMT by Maggie Johnson
Thank you Adam. I really appreciate this frank and helpful response. We are now able to communicate this to all parties involved. I will contact our conveyancer and chase up the missing documents . 
 
Posted Thu, 19 Dec 2024 16:04:42 GMT by Maggie Johnson

Adam - just one further question. Please can you explain why this attached document which is the official transfer document, shows that the boundary lines ( in red) of our house include the garage but we are told that we don’t own the garage and that nobody owns the garage. Sorry to keep bothering you and thanks for your patience

Posted Fri, 20 Dec 2024 08:58:46 GMT by Adam Hookway
Maggie - I don't have access to all the information to be able to answer that Q I'm afraid as the application to register the property for the first time was submitted in 2001 and will be stored in paper format.
Whilst the Transfer (TP1) includes the garage we would have to look at the paper files to see what was actually applied for and what supporting evidence was provided re the ownership of the land/property being transferred. 
I assume your conveyancer will have checked/queried this before making their application to register the garage for the first time based on your statement of truth.
I'd suggest asking the conveyancer to raise/query it as part of their application and before next steps are taken re OS visit and more - we contacted them on the 10th re other matters and await a response 
ND220157 
 

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