Adverse Possession Application Update

Hi,

Our solicitors have submitted an ST1 application for adverse possession for a building we are in the process of selling where there were issues that were identified during the sale process.

I'm wondering if you could give some kind of update on how much longer the process will take. There was a survey completed by the ordnance survey on 15th August and we were informed that notices were sent out on the 5th September.

I understand there is a 65 day response time, could you please let me know what date this expires so that we can try to have everything ready to progress the sale as soon as is possible after the notices have expired?

The land is currently registered under title number(s): MAN57269 and GM43987 - 80 Clarence Street Bolton BL1 2DQ.

Many Thanks 

Gareth

Hi Gareth - the notices expire on 7th November
MAN441238 

That's great, thank you very much for your prompt response Adam.

Is there anything further we will need to wait for once that date has passed or will that be it?

I take it there haven't been any responses received?

 

Gareth - once the date has passed the case is then reviewed again and a final check made. Hopefully it's then completed asap 
Nothing showing re any replies to date
MAN441238 

Brilliant, thanks a lot Adam.
 

Hi Adam,

Hope you are well.

I understand the notices sent out expire today. Is there any way you could let me know how roughly long it will take for the case to be reviewed again and the final check made? We are waiting to complete on a sale as soon as is possible so I'm trying to get an idea of how much longer it will be until the register is updated.

Really appreciate your help.

Thanks

Gareth

 

Hi Gareth - unfortunately there are two sets of notices in play and whilst one set expires today the remainder don't expire until the 20th January. 
I see from your previous posts that you were already aware of this and I can only apologise for not being clear in my previous posts. The two sets of notices have been issued to the same people but for different purposes. And all on 16th October with one set having the 65 day timescale you referred to
So we will have to wait until after 20th January before matters can complete unless of course the recipients respond sooner
MAN441238 

Hi Adam,

How come the two notices have different expiry dates? We were told at the beginning that it was 65 days notice, nobody has said that one would take longer, especially not 11 weeks longer. 

Could you explain the reason for this as I am going to have to try to explain this to the other parties involved who were getting ready to complete.

Thanks

Gareth

Hi Gareth - the application involves a claim over part of land already registered and a part that is not. Each part has a separate set of registration requirements as set out in our PGs 4 and 5.  Land registration: Practice guides - GOV.UK
The guides also explain the stages involved of registration and the need for wider checks, consents/objections as appropriate and how in the case of unregistered land the longer period of time is allowed 
I assume your solicitor was aware of the timescales involved as you referred to the 65-day period in your original post but that doesn't negate the need for me to say sorry that I failed to spot the differences between the two sets of wider checks being made 
I assume there is no viable means of approaching the recipient sin ech case to respond positively for example?
MAN441238

Hi Adam,

I was aware there was a 65 day notice period, I was under the impression that both notices for the registered and unregistered land would be sent out at the same time and would therefore expire at the same time. 
 

I’ve read guides 4 and 5 and for registered land it quoted the 65 days but for unregistered land it just says that notices will be sent out to anyone that may have an interest but doesn’t say how long they will have to reply.

Just so I’m clear about what’s happened, did both notices go out at the same time but you are allowing 130 days for replies to the unregistered land? Or were the notices for the unregistered land not sent out till very recently because of the further checks you mention?

Unfortunately there is no way to contact everyone that I would presume has been notified, one of the people died about 20 years ago and if we can’t get responses from everyone then there is no point trying to get them from some.

Thanks

Gareth 

Gareth - both notices went out at the same time, namely the 16th October as mentioned
If the recipient has died then the notices can be passed to their executor/personal rep to consider for example but I appreciate that 20 years on that may not be a viable option either

Hi Adam,

Our solicitors were told that notices had been served on 5th September by an update on the portal apparently. Was this not the case?

Thanks

Gareth 

Hi Gareth - no. The applicant was advised on the 3rd September that the case would progress to the serving of notices but which and when was dependent on the referral to a senior officer. 
MAN441238

Hi Adam,

Is it possible to let me know which parties have been served notices and we can see if we can do anything to help get positive replies? I can provide my email address if you don't wish to post the details on this forum?

Is it the unclaimed land that we are now waiting for or the previously registered land?

I don't suppose there is a possibility of updating the the parts of the title that the notices have expired on now and the the other parts when the other notices have expired is there?

Thanks

Gareth

Hi Gareth - notices have been served on The Borough Council of Bolton and a Desmond Paul Duxbury
They have been served on the adjoining registered landowners with regards the claim re the unregistered part of the property
There is no possibility of completing the parts in isolation I'm afraid 
MAN441238

Hi Adam,

Thanks for coming back to me.

I don't think there is much hope of getting replies, even if I could get the council to respond unfortunately Desmond Duxbury has passed away.

Can I just confirm with you that we are only waiting on replies for the unregistered part on the attached plan and the notices sent on the titles MAN57269 and GM439879 have now expired?

Many thanks

Gareth

Hi Gareth - that can often be the case but the registration requirements are quite clear and with a deceased owner then the process can extend to their personal reps for example so again the clock ticks and a rely has to be 'waited for'.

The parts are all wrapped up in the multiple applications but notices have only been served as explained 

Hi Adam,

Hope you are well. 

I’m pretty sure the 2nd lot of notices expire today. Assuming there haven’t been any responses, please could you do what you can to get the final checks done as soon as possible and the titles updated so we can complete on the sale?

Many thanks for all your help.

Gareth

Hi Gareth - they do expire today and so from tomorrow the case is reviewed again and hopefully things are able to progress quickly from there for you
MAN441238