Owner of the land being claimed under adverse possession is deceased.

Hello, I wonder if you can help. We are in the process of buying a property only to find part of the garden is not in the title deeds and is indeed registered to another person. The sellers have lived in the property and used the garden for circa 30 years and are applying for adverse possession. However the owner of the mentioned land is likely to be deceased, and does not live at the address registered at the title, what will happen in this case? Will it speed up the process or slow it down? I would assume any letters sent to him at that address will be ‘return to sender’ as they won’t be able to be signed for..

sincerely, a very fed up first time buyer

Hello Sophie - it's unlikely to speed up the process and if you are focussing on the wider checks/notifications we are required to do then they still have to happen. In cases where an intended recipient has died it may not always follow that they are returned and in some cases they might be referred on to the next of kin/personal representatives for example
Such an application, even if expedited, will take time to process and complete anyway and the final stage is always likely to take a few weeks to complete in the vast majority of cases
Adverse Possession - Claimed Land - Impact on Timescales · HM Land Registry

Hi Adam,

thanks so much. Our sellers are about to submit their application tomorrow and request for it to be expedited, what do we need to make sure their conveyancers do to ensure the expedited part goes through? Do they have to request it to be expedited on multiple platforms? 

they also had an OS surveyor come out in 2007 and draw a boundary line based on physical features. This will be used as part of evidence but will it make any difference to the second stage as I understand it to be OS coming out to survey the land. 

Hi Sophie - they need to submit it first. Then they request expedition through a dedicated channel Request an expedite - GOV.UK
As far as the 2007 survey is concerned much will depend on the specific details of their application, what the 'lie of the land' is on current imaging and of course what the current OS base map reveals. 
I'd be surprised if an OS survey is not requested but not my decision and every application is treated on merit

Hi Adam, 

that’s great thank you again. Would you suggest a they request expedition tomorrow as soon as they submit application? Just trying to make this as speedy as we can 

thanks 

Sophie - submit first. Request expedition second. Must be done separately. How quickly they do either is up to them

Hi Adam, 

Sorry lots of questions. Is stage 3 always the 65 business day period (90 actual days) in which registered owners have to respond even if expedited? 
 

thank you 

Hi Sophie - if notices are served on the registered owner(s) then yes re 65 days.
Expedition only impacts on our own processing. Wider checks, including Notices, and the OS site visit/survey can't be expedited and we don't hassle recipients/OS to 'do it quicker'
Too many see expedition as a guarantee to success in as short a time as possible. That is not the case

Thanks Adam, I totally understand that it does not guarantee a faster process and that it is only on your end that it will be sped up. I’m sure you can appreciate we are just trying to understand the process as best as possible so that we can keep on top of/ up to date with it. 
 

are there any situations in which the registered owners are not served notice? 
 

thanks again 

Sophie - in my experience zero chance of them not being notified and given time to consent/object as appropriate. They are legal owners until proven otherwise. The law around adverse possession allows that to happen but the law is a very complex one as you already appreciate

Good morning, 

I have done some digging and have found that the registered owner of the land in question no longer lives at the address you have for him on the title register (found through looking at title register of said address which has different proprietors) and assuming he is still on this earth must be at a different location. Will HMLR still serve notice to that address with the knowledge that he does not live there or will they try to find his actual location if any? 
thanks  

Good Morning Sophie - registration requirements mean we issue any corres/notices to the address on the register as provided by them/their conveyancer. It's for any named individual to update their contact details as appropriate. 
Whilst I understand the desire for speed I would add that trying to affect the process can have a delaying effect depending on circumstances - your call entirely though 

Thanks Adam, I understand that. I think I am just concerned that notices may be sent and if they are for whatever reason ‘return to sender’ HMLR have to then locate the proprietor at another address and the 65 day period begins again. I guess it is just tough luck unfortunately. 

Sophie - the key thought to retain here is that we are required to issue the notices as per the registered information. We don't go 'looking for ' people who are no longer at their registered address
If they are RTS then the clock will still have to run. If we receive other information that warrants us to re issue then the clock starts again. 

Thanks Adam, by other information I assume you mean anything indicating a potential new location of the registered land owner? 
I can’t tell you how helpful it is to be able to ask these questions to someone, so thank you. 

Sophie - that is what I mean. The process is there to protect all parties, inc HMLR and the legal registered owner. Anything that 'changes' that process can lead to a further delay but as you already appreciate there are lots of nuances involved in such applications

Hi Adam. I hope you are well. 
 

the application has now been submitted under the reference number: SB0FB75

Im unsure if this went by post or online. I wondered if you could give me an update (if you have one) and let me know if this has been expedited. I’m really keen to keep on top of the progress of this so that I can keep an eye on mortgage offer timescales etc. 

Thanks in advance 

Sophie 

Hi Sophie

We have received your application and it has been given expedite status. We aim to pick up  and process these applications within 10 days. Any requests for further information or notices will add to this timeline.

Darren

Hi Darren, thanks great thank you. When would be a good time for me to contact again to check in? Perhaps next week? 

Hi Sophie

As stated we aim to start processing expedited application within 10 days (although it is sometime quicker). If you contact us this time next week i will be able to give a progress update or advise if soemthing is causing a delay (request for information or notice etc.).

Darren