Application Status

Enquiry Reference: 231018-2575568 Application Reference: DC68C71 Title Number: MAN429169

Hi there

We are in the process of buying a property (CH69669) and it was discovered a part of the garden was not registered on the title plan. The seller's solicitors have expedited a request to gain possessory title of that part of unregistered land. Please could you check the status of the application/how complex it looks?

I believe the application reference is DC68C71 and it was expedited.

Thank you!

Anna

Hi Anna - it is an application to register a parcel of land for the first time based on a claim as to ownership. Lodged 20th October and expedited as you state.
Such applications can be complex but it's really what happens next that with regards it's 'status'
There are three key stages re processing such a claim
1. Consideration by a senior technician to establish if the 'facts' presented by the applicant are sufficient to tick all the legal boxes to support their claim - that is the stage it is now at 
2. If stage 1 is passed then a site visit/survey needs to happen - Ordnance Survey carry that out for us and once requested it is generally done and reported on within 2 weeks; and
3. If stage 2 completes and nothing more is needed from the applicant we then notify adjoining land/property owners to confirm things to see if they own it, dispute the claim etc. Those wider checks can take around 3 weeks to complete depending on responses or otherwise
Stages 2 and 3 cannot be expedited/hastened by us so you are looking at at least a 2-3 month wait still even if everything goes well and to plan.
So if you are buying you need to ask the seller's to keep you updated re any requests, the survey being arranged and then completed. 
Make a not to post again here in 4-5 weeks if you prefer and we can check again for an update also

Hi Adam, this is really useful, thank you very much for providing me with this information on the process.

Hi Adam, hope you're having a lovely day.

I have been told that the Ordnance report was completed on the 7th November and handed back to the case officer at HMLR. Am I correct in thinking that the process is now at stage 3 where HMLR will carry out the wider checks with adjoining property owners, or is more info needed from the conveyancer?

Also is there a time limit from the date that neighbours have been notified for them to 'come forward' with disputes/etc before the case officer can make their decision? Sorry for the detailed questioning, it just helps me understand the time line and sequencing of those stages. I do appreciate this falls outside of the expedite aspect that was applied to the initial request.

Thanks again for any insight you can provide.

Anna

Hi Anna - the survey report was added to the case on the 10th Nov. It's now back with one of our Lawyers to consider next steps. The wider checks have yet to start but hopefully the survey report matches what's been stated with the application
Those wider checks generally last for 3 weeks.
Make a note to post again in 24/48 hrs and I can check again for an update

Thank you Adam, that's really promising news. As you suggested, I am just checking in to ask if you are now able to see whether the survey matches the info supplied in the initial application and if the status has moved into the 'wider checks' stage? Thanks again! Anna.

Anna - not known as yet. That's the bit we are waiting to see if confirmed and next stages flagged. 

Thanks again Adam. Have the next stages been flagged, can you see? 

Hi Anna - not as yet, no

Hi Adam, has there been an update on the next steps/wider checks going ahead for MAN429169, can you see? Just checking if they need any further info from the conveyancer. Thank you as always.

Hi Anna - no further update as yet as lawyer still considering survey report alongside claim

I'll see if I can get an update from colleagues though re likely timescale re wider checks starting which should be the next stage

Hi Adam, thank you for checking. Oh yes that would be so helpful if we can gain an understanding of when the checks are likely to be underway.

I think we will be best off renewing our mortgage offer at this point so things feel a bit less touch and go for us in the run up to Christmas. But that's our problem, of course, and we again appreciate the checks that need to be completed before a decision is made. 

Thanks again!

Hi Anna - I'm expecting to know more re next stage within a couple of days so those checks should start this week.
I would always recommend on the side of caution so if you can get an extension on the offer or can renew it favourably then I would suggest doing so as we can never be sure what replies we might get re the notifications - you may have a better idea though from what the seller/conveyancer has said re the land itself.

Hi Adam, thanks once again. That's understandable, we would much rather err on the side of caution - on the plus side, mortgage interest rates have dropped on our product!

From what I can gather from hmlr records I purchased, one or two of the other neighbours on that row gained possessory title in similar circumstances (a wild guess but I wonder if the the back garden's fence was built further back into the alleyway many years ago for everyone on that row, effectively adding a bit of extra garden for each house, or maybe just an error in the plan). The current owner has been there 30+ years unaware of this discrepancy. We remain optimistic, but recognise we can't anticipate what responses may come from the notifications.

I appreciate your time, your insight is so helpful.

Thanks,

Anna

 

Anna - all reads positively then and most claims of this nature have a positive outcome in my experience.
It only comes to light when there's a sale so IF there was a major issue that would normally have been a trigger to do something much sooner. So the current application is based on a 'positive' reaction rather than a 'negative' if you get my drift.
Post again in a couple of days and let's see where we are at then

Thanks Adam, any luck or news, today? Best wishes, Anna.

Anna - nothing as yet as still with one of our lawyers to consider the survey report and next steps.
I suspect, based on experience re other similar cases, and where things have not happened as quickly as I suggested 2 days ago, that the wider checks will start early next week.
It might be worth exploring renewing or a new mortgage offer as you suggested although Christmas is still 5 weeks away. 

Thanks Adam, we will do. Any news on the status please? Sorry to badger.

Anna - no news yet, sorry. I'll post again as soon as I can see next steps approval

Anna - I'm expecting the notices to be issued today and the lodging conveyancer will also be notified of what's now happening. 
Such notices have a 3 week life span usually although recipients may respond sooner.