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Support with update on Adverse Possession Claim
Support with update on Adverse Possession Claim
Posted
Tue, 04 Mar 2025 11:05:34 GMT
by
Francesca Brown
Title NYK83092, Postcode DL11 7RH
Hello,
We are in the process of purchasing the above property and an adverse possession claim has been submitted pertaining to part of the driveway not covered on the above register.
Are you able to provide an update, please, as we have been waiting since the beginning of December for this to go through?
Thanks,
Francesca
Posted
Tue, 04 Mar 2025 11:27:32 GMT
by
Adam Hookway
Hello Francesca - the application was submitted on 6th Dec and processing began shortly afterwards. We have been in correspondence with the solicitor since 9th Dec and survey took place in February after the initial issues were resolved.
The casework team have just written to the solicitor again with regards the survey report and asking for clarification re their application as submitted. We await their response
NYK517644
Posted
Tue, 04 Mar 2025 11:38:45 GMT
by
Francesca Brown
Hi Adam. Thanks so much. Do you have any detail on why the process seems to have taken so long up until now for an expedited adverse possession claim where the land is unregistered and does not border any other property? By no means your fault of course, but it just seems extremely frustrating when solicitors advised it should be a straightforward case.
Once the clarification which you referred to above has been provided by the solicitor, do you think it's likely that HMLR will write out to neighbours, given that there is no adjoining owned/registered land?
Thanks again for your help.
Francesca
Posted
Tue, 04 Mar 2025 12:01:39 GMT
by
Adam Hookway
Francesca - we wouldn't share specific details but any application involving adverse possession will take time to process.
Expedition isn't a magic wand sadly and simply gets the case to the processing start line. That happened on the 9th Dec, 3 days after submission.
And all land/property adjoins other land/property so whilst something seems 'simple' re such matters the legal requirements have to be met first and then the registration ones too. In my experience, even with expedition, such applications will invariably take 2-3 months minimum but that's only if all goes to plan. With this one stages 1 and 2 have not gone to plan so to speak and more has been needed. That 'more' stretches the timescales as a result
Correspondence with the solicitor then followed to remedy certain matters. And the survey was requested in February as explained. More is now needed as a result of that report.
Such applications can be straightforward but they will always take time to complete as there are three main stages 1. Consideration of the actual facts/application as submitted 2. Survey and 3 wider checks if needed
The first two stages have witnessed delays as the information provided/obtained has made it less than straightforward
The 'writing out' you refer to is stage 3 and that will happen depending on how the solicitor replies
NYK517644
Posted
Tue, 11 Mar 2025 09:25:47 GMT
by
Francesca Brown
Hi Adam.
Thanks again for info shared last week. I've been informed that the solicitor responded to HMLR to confirm the survey findings last week. Could you confirm this is HMLR's understanding? And what happens next (and any associated timelines if you have them)?
Thanks,
Francesca
Posted
Tue, 11 Mar 2025 12:03:51 GMT
by
Adam Hookway
Hi Francesca - we have received a reply from the conveyancer so next step involves consideration by one of our lawyers to decide on stages 2 and 3 as appropriate
NYK517644
Posted
Thu, 13 Mar 2025 15:53:13 GMT
by
Francesca Brown
Hi Adam! Just wanted to see if any updates yet?
Kind regards,
Francesca
Posted
Thu, 13 Mar 2025 15:58:29 GMT
by
Adam Hookway
HI Francesca - nothing to update as yet. As soon as there is I will share
NYK517644
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