Do Land Registry always have to serve notices in relation to Adverse possession?

Hi there,

My elderly parents are in the process of applying to register their driveway as they have been at the property and been using the drive without any problem for over 30 years and it is not registered to anyone else. The case has been expedited as they are in the process of selling their home. An OS survey has been completed and we have been told Land Registry may have to serve notices. Is this always the case please? I don't know who they would serve notice to? Also, how long typically does it take for the LR to review the OS survey report?

Thanks in advance! Alison

Hi Alison - whilst it can vary invariably such applications will trigger the need to serve notices on third parties as appropriate.
If the claimed land is unregistered then notices are usually served on adjoining landowners.
Once the OS Report is provided then referral to a senior technician happens asap due to expedite status and it's for them to decide if more is needed from the conveyancer and/or if notices are then required
Your conveyancer should be aware of the process and hopefully have their own experiences to share. They will also be the first to know/able to check if more is needed and/or notices are served
Practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 - GOV.UK

Thank you, we really appreciate your quick response.