Application expedited but no update

Hi, our house purchase is at risk, due to our sale still awaiting an update from land registry. This was expedited, we’ve been told in November. I do not have the title number to hand. Can you check the progress of this as I am concerned, that we will lose the house we are purchasing due to the delays from the land registry as they are wanting us to complete in two weeks (it’s a new build). This is all that’s needed, to exchange and complete on the sale of our house. So then we can complete on our new one. It’s casing a huge amount of anxiety and stress and was expecting to have received a response by now. Address 14, CO15 4RN

Full address - 14 Gorse Lane, Clacton-On-Sea, Essex, CO15 4RN

Hi Chris - sorry to read of the issues you are facing. I'll check with the casework team for an update re the application
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That’s great, thank you. We are desperate for an update. So please keep us updated. We’re so stressed and anxious at the moment as we do not want to lose our house due to the delays. We all thought the expedite would have had it sorted by now but it’s potentially been over 4 weeks with no update from the time that we were told that it was expedited. 

Chris - expedition gets a case to the processing start line within the 10 days quoted. However it doesn't mean it will be completed in that time as well as with complex applications referral to senior officer(s) is often required. 
Let's see what I can glean from the casework team 
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Can I confirm what date that the application is shown as having been expedited?

Chris - expedition was granted on 28th October
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Thank you. I don’t suppose you know if any requisitions or issues have been raised. Is the application for the house we are selling classed as a complex one just for clarification? 
 

If no issues raised. Is this something that could still progress, even if we completed on the house sale and the new owner will get this updated application after he is in if necessary. As this application is one he wanted and it is land that is over 20 years old. Could this be an option for us to proceed, providing the buyer of course is happy with this? Only if no issues arise, would he do this I believe. Just trying to think of the best option going forward due to the concerns of losing our new house as we cannot wait months for land registry to complete for the entire chain to go through. Therefore, jeopardising both our house sale and our house purchase.  

Chris - the application is seeking to claim ownership of land to the rear of #14. Any such 'claim' is complex both legally and in registration terms
No issues or requisitions have been raised and it is unclear as to why there has been such a lengthy delay in contacting the conveyancer involved
Options re completing on part and not on the whole are not something we can advise/help on and that would be very much something for your conveyancer to advise you on. If you are buying with a mortgage then your lender would also have a significant say 
I should stress that even if the application progresses there will be a continued wait as it will need to go through some/all of the stages outlined in this thread - Adverse Possession - Claimed Land - Impact on Timescales · HM Land Registry
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Ok, that’s going to take a while then it seems. Which isn’t the best outcome for us. Will await a more definitive update from you, once you have one from the case work team.

Chris - I’m afraid it’s not good news as the application has been cancelled. It turns out it was the incorrect application as submitted as a claim as to registered land when the land is actually unregistered

The second issue is crucial as well as it appears the claim is only for the last 9 years. The minimum is 12 years. The cancellation explains this to the conveyancer and they will need to review matters and submit a fresh application if able to do so 

Your Qs re options may now be relevant and worth discussing with your own conveyancer - if the seller can’t meet the legal requirements then another option may exist. That might include a statement of truth re their 9 years plus an indemnity policy to insure against someone else registering the land. Something to perhaps consider but as posted previously whether that’s doable will be down to your mortgage lender, your conveyancer and you, in that order usually. 

Ok, thank you. We will get this chased and see what our options are that are most practicable. A new application will delay things too much and we’d be due to re-mortgage on the house we are selling in February, which isn’t ideal. So we just have to hope, the buyer accepts the other possible options. Thanks for your help.

Can I confirm when this update was provided to the conveyancer and which one it has gone to please? Is it Haywood Moon?

The land has been part of the garden for just over 20 years, even before we bought the house. It’s never been queried or touched. We never had any issues raised when we bought it, so it’s a frustrating situation to be going through it now. Let’s prey it’s positive for us.

Chris - sent late last night and yes to HM conveyancer.
Noted and appreciated re land and 20 years etc but land law is complex and then you add registration requirements on top of that. Simple fact is the wrong type of application was submitted so couldn't proceed as was. And second fact is that the claim indicates only a 9 year timespan and not 20 years. If the previous owner provides a similar statement re the preceding 11 years then that can change things.
I hope you find a solution - you will need to rely on the conveyancers involved to find that solution for you though

Thank you. Need application has apparently been submitted today and land registry apparently sending us a letter and we have to do a hand written letter for this to be progressed. Not sure what it all means at the moment. So we’ll see.

Can the new application be seen now and has it been expedited?

Chris the new application was submitted on 12th and completed same day - new title AA90264

Really? So nothing else is needed? That’s a drastic change, that’s great. Thank you so much. 

Chris - nothing else needed. Do speak to your conveyancer to confirm/clarify as appropriate on Monday and reference the two title numbers that now exist re the main property and land to rear