Check Progress - ADV1

Hello,&#160;<br> <br> Is there any way to please check the progress of an application for adverse possession if you are not a business customer?&#160;<br> <br> Many thanks&#160;

Hello Lara - there is no online option but if you share the title number here I can check for you?

Wonderful, thank you&#160;<br> <br> its: &#160;<span style="">MS252225</span><br> <br> &#160;

Lara - many thanks. Received 2nd May. Based on current timescales it's going to be several months before processing starts.<br> MS252225

Dear Adam, please can you confirm if the urgent expedite has been placed on this application?&#160;MS252225. Thanks&#160;

Dear Lara - the case has not been made expedite as yet -&#160;<a href="https://www.gov.uk/guidance/request-an-expedite">Request an expedite - GOV.UK</a>

<strong>RE:&#160;MS252225</strong><br> <br> Hi Adam and co., we've received a letter (ref: H058FWT) stating that told that our ST1 does not provide evidence of adverse possession for a period of 10 years or more.<br> <br> I am certain we included the dates of previous owners' adverse possession as well as ours, so 30+ years and I know that successive squatters can aggregate periods of possession.<br> <br> Can you please confirm the dates of adverse possession on the application?<br> <br> The letter is asking for an ST1 from the previous owners, but they are deceased.&#160;

Lara - as you are in communication with the casework team it would be better for you/them if you raised any Qs with them.<br> All I can usefully add is that any ST1 by yourselves can only be factual with regards what you have done to support such a claim. Whilst you can add statements that X and Y did the same before you those can't be included unless you have the appropriate statements of truth/statutory declarations from them specifically&#160;<br> Successive squatters can aggregate periods of possession but only through aggregated statements of facts hence point 2 of the letter you have received<br> <strong>MS252225</strong>

Thanks Adam. I will take that up with the casework team.&#160;<br> <br> Are you able to clarify that the above applies only under the 2002 Act, not the old&#160;statutory regime&#160; - Land Registration Act 1925 for registered land where the possession period relied on is of at least 12 years ending before 13/10/2003, therefore the transitional provisions in Schedule 12, paragraph 18 of the Land Registration Act 2002 apply?<br> &#160;

Lara - I don't believe it has anything to do with the different legislation and changes to how such matters are now viewed legally or processed&#160;<br> It is all about the simple fact that you can only be factual about what you have done. Whilst you can share information about what previous squatters might have done, unless they provide their own facts so to speak, your shared information is just that and not 'factual' as far as the legislation is concerned<br> In such cases and when owners/claimants sell it is prudent for the buyer to obtain a statement of truth/stat dec from them re the facts as far as their own occupation of the land is concerned. And to then submit that along with your own facts as appropriate

Thanks Adam.<br> <br> Can you provide any advice in regards statements of truth for the scenario in which the previous squatter is deceased and there are no contact details for an executor?<br> <br> The land is not visible from any neighbouring properties to obtain statements from neighbours.&#160;<br> <br> &#160;

Lara - I'm afraid not but if you have nobody to confirm the facts then you are most likely to have to wait until the required time has elapsed with you as the sole squatter<br> Please do seek legal advice as it's the legal requirements that need to be met here and we can't complete the registration requirements until the legal ones have been satisfied&#160;

Hi Adam, can you confirm if the ST1 from the previous squatter has been received and that this application is being processed? Does the expedite still stand? It took some time to track down the executor and obtain the ST1.&#160;<br> <br> Many thanks for all your help.&#160;<br> <br> <strong>MS252225</strong>

Hi Lara - I have responded to your further post in the absence of my colleague.&#160;<br> <br> We are still awaiting a response to our request for further evidence.&#160;&#160;

Hi,&#160;<br> <br> Would you be able to please provide an update on this? The further evidence was hopefully received by you earlier this week.<br> <br> Many thanks.&#160;<strong>MS252225</strong>

Hi Lare - we received a reply yesterday with an amended form. That will be referred to the casework to review and agree next steps. I'll check with them and add an update when I have one<br> MS252225

Brilliant, thanks so much Adam.

Hi Adam, is there any update on this? Thanks so much.<br> <br> MS252225

Hi Lara - I have responded to your further post in the absence of my colleague.&#160;<br> <br> A senior officer has considered the evidence and asked for a survey to be carried out before the application can be considered further.&#160; The survey is undertaken by Ordnance Survey on our behalf so will be done as soon as possible.&#160;<br> <br> I hope this helps.&#160;

<p>Hello&#160;</p> <p>Are you able to update on this case, please? Can you confirm that the survey has been completed?</p> <p>many thanks</p> <p>MS252225</p> <p></p>