Buying a House - Seller in Middle of Adverse Possession

Hello

We are in the process of buying a house. During the conveyancing process it was raised to us that the sellers are currently going through the Land Registry Adverse Posession process.
When we viewed and offered on the property there was no indication that the seller did not own the title to some of their garden.

Our conveyancer has advised that we cannot complete the purchase of the property until the Adverse Possession claim is complete as it would affect the value of the property and the mortgage valuation. 

The sellers have maintained the land since the 80s & have photographic evidence. They submitted a ST1 form to the Land Registry October 2023.

Would you be able to give any advice for someone in our situation?

What are the general steps of the Adverse Possession process?
Are there rough timescales? Appreciate this could probably vary depending on complexity
Can Adverse Possession cases be expedited?
Is there anything you would reccommend to someone in our situation?

Thanks in advance
D

 

D D - it is very much legal advice you need here and you should rely on your own conveyancer to guide you through the legal and registration requirements. 
However in an effort to try and help in general terms I've done my best to answer your Qs

• Three key stages 1) application plus supporting evidence to confirm the legal requirements re the claim have been met 2) a site visit by Ordnance Survey to see what the reality looks like on the ground and 3) wider checks and notifications with adjoining or actual land owners to see if they consent/object to the registration claim
• Rough timescales are 1) several weeks unless their application is expedited due to the onward purchase in which case 2-3 weeks 2) OS visit 2 weeks between request and report and 3) 3-4 weeks. As you state timescales will vary depending on complexity but can also be stretched if each stage is not passed seamlessly. So as a very rough and best estimate you are looking at a minimum of 8-10 weeks from it being expedited - and that's a very best estimate
• Expedition - yes but expedition does not hasten Stages 2 and 3. They can't be rushed or chased and are very much dependent on OS and recipients acting as appropriate
• Recommend - ask the seller's conveyancer to confirm expedition and then to keep you informed re progress form there re the key stages. They can track progress re each stage being reached/passed. And do rely on your own conveyancer for advice re exchange/completion and timescales 

 

Hi Adam

Thanks for the prompt and detailed response.

Much appreciated

Solicitor has confirmed that case has been expedited

D

Hi Adam

Just picking up again on this thread. We have completed steps 1 and 2. 
Following the visit by the Land Registry surveyor to the property they have served notice on the land owner.

Do you know how long the notice period is and if it usually goes the full length?

Thanks

D D - all depends on the Notice served so that detail is important. If it's an adjoining landowner then 3 weeks generally speaking but if the land is registered to someone else then it can be as long as 65 days.
There's no general rule of thumb re whether the timescale allowed is used up or they respond sooner. If they don;t respond then time has to run out.
I'd suggest checking with the seller's conveyancer to confirm what's happening and how long the wait could be