Unilateral pending status update

Hi can you advise if a pending application has been processed yet please? The title is AGL292665.

Hi Robert - still waiting to be processed. Is there an urgency of any kind involved perhaps?
AGL292665
 

Hi Adam,

Thanks for the reply. Yes there is an urgency we have the flat for sale for 12 months now and this pending application from November of 2023 is blocking the sale as the buyer cannot exchange contracts until it is dealt with. The property sold 3 months ago subject to contract and this is the only thing holding it back now.

Hi Robert - I' have asked colleagues to expedite it.
You/the conveyancer can request expedition in such cases but that's done now

Thank you Adam your help is appreciated. Have a good weekend!

Good morning Adam. Is there any update on this please?

Good Morning Robert - we contacted the applicant on the 11th Oct to request an amended form and they have yet to respond
AGL292665

Hi Adam, Does the applicant have a time limit to respond? Over the last 12 months they have just ignored any questions in regards to this matter!

Hi Robert - they are given several weeks to respond before a reminder is issued. 
AGL292665

Hi Adam,

Can you please tell me has there been any communication with the applicant at all?

Hi Robert - none so the application has been cancelled so the title is 'clear' of any pending applications to update it

Hi Adam,

Thank you very much hopefully now the sale can proceed!

Regards

Rob

Hi Adam,

Back again! Our solicitor wrote to Land Registry on 2/10/2024 with regards to this unilateral notice which you have now cancelled thank you. Sadly there is another matter that has not been resolved in this case. The applicants solicitor has repeatedly submitted prioirty searches to protect a charge against the property without providing any proof to support their application. The current search is due to expire 11/11/2024. You should have received a letter from our solicitor about the abuse of process in this regards as they are clearly trying to prevent a sale without actually having proof of any claim.

Regards

Rob

Hi Rob - understood and appreciated. An applicant with form OS1 does not have to provide 'proof' with regards the interest, in this case a legal charge, they wish to protect.
However they are referred to the Warning on the form OS1 with regards misuse and the legal consequences. Your solicitor should refer to that and take the appropriate legal action. That could, merely for example, involve contacting the solicitor acting for the applicant on the OS1 to flag the matter/trigger legal proceedings, which in turn may trigger them to withdraw their OS1
If they have also contacted us then the support team will consider and respond as appropriate
In the interim I would encourage them to submit their own OS1 asap to ensure priority is obtained once the pending OS1 is either cancelled, withdrawn or time expires 

Good morning Adam,

Our solicitor has applied for the OS1 as suggested in our last communication. Can you please advise if you have received it and also if the applicant of the previous OS1 has applied again please?

Regards

Rob

Good Morning Robert - we have an OS1 from 1st Nov protecting a purchase

The earlier OS1 from 1st Oct remains pending but expires on the 11th Nov. No later OS1 has been submitted

AGL292665

Thanks Adam for the update.

Rob