Application FG2973D

***Apologies, posted in the wrong forum - have reposted in the 'Application' forum, please ignore this question!***

Hi Adam,<br> <br> Wondering if you could please give an update on application&#160;FG2973D? Our understanding is that this application now contains both a possessory title application and transfer of part application together. Any info you can give us about the progress of this application would be greatly appreciated.<br> <br> Thank you for all you do - the information on these threads has been really helpful to date!<br> <br> Thanks,<br> <br> JL

Hi JL - FG2973D relates to an application submitted on 29th Sept and expedited on the 30th. Processing has yet to start in earnest although I note that the transfer of part is undated so that's been raised with the conveyancer
BL169789
There's a second application BL169507 submitted back in July and that relates to the claimed land (possessory title) you refer to
The two will be processed together so I would suggest making a note to ask for an update next week OR rely on the lodging conveyancer to track progress and keep you informed
Thank you for your kind words
BL169789 & BL169507

Thanks for the information, Adam. 

Unfortunately the lodging conveyancer has spent over a month ignoring all requests for updates, so I am unable to rely on progress being tracked by them. As such, I'll come back next week for another update - I am grateful that that is an option!

JL

Hi Adam, hope you've had a good weekend!

Wondering if you could let me know whether the lodging conveyancer has provided the additional information required to process application BL169789? 

Additionally, are you able to tell me whether a decision has been reached on application BL169507? I know that the survey occurred on 12th August and assume that the priority protection period has now ended. Can you tell me whether adverse possession of that strip of land has been granted?

Thanks,

JL

Hi JL - On BL169789, we appear to have received some response from the conveyancers today.  It will be considered by the caseworker as soon as possible. 

The application for BL169507 is still pending with us.  We will check with the casework on its status and update you accordingly.  

 

Thanks Nimish, appreciate any info you can give me.

JL

Hi JL - Just to update on BL169507, we are still waiting for the applicants to respond to our correspondence so that Ordnance Survey can carry out a survey of the land concerned on our behalf.  We have written to them and the conveyancer again today to remind of the action required. 
Hope this helps.  

Hi Nimish,

Thanks for coming back to me. I'm confused though - I was told last week that the survey occurred on 12th August. Does this mean a survey hasn't happened at all, or is an additional survey required?

Thanks,

JL

Hi JL - I cannot see any record of survey being done on 12 August.  We wrote to the conveyancer and the applicants on 12 August to inform that a survey is required and they need to contact Ordnance Survey about it.  According to our records that has not happened. 
BL169507

Hi Nimish,

That's really disappointing from the conveyancer. He should now have begun the process of organising a survey, but it's beyond me why he couldn't have done that when he was first notified two months ago!

Could you please help me to understand the process going forwards, in that case? Looking at practice guide 5 (https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003) - which I think applies in this situation - it looks like a survey will be undertaken, after which a notice will be sent to other people who may have a claim to the land. However, it doesn't seem to give a time period within which these individuals need to give notice of any claim they may have to the land - does this time period vary depending on the application? If so, will we be advised of what the notice period is once the senior officer has decided this? Or is there an 'average' notice period for these sorts of applications? We're currently sofa surfing so I'd really like to know how long this might go on for..!

And last question: will the survey suffice for the TP1 application, too (BL169789) or will we need a separate survey for that?

Thanks,

JL

Hi J L - it's usually the applicants themselves that arrange the survey with OS and not the conveyancer involved
Notice periods tend to fall into two categories - 65 business days if the land is registered. 15 days if unregistered
The process is set out in PG 5 for you/your conveyancer
The two applications are being processed together so there shouldn't be a need for any second survey as the BL169789 is dealing with already registered land/title
Adverse Possession - Claimed Land - Impact on Timescales · HM Land Registry
BL169789 & BL169507

Thanks so much for this Adam, really helpful information.

I'll come back to you after the survey has been completed to ask for an update, as I assume there won't be much to update on in the interim!

Keep up the great work - so grateful for this forum to give some clarity in an otherwise quite opaque process!

JL

Hi Adam & Nimish, 

Just checking whether you're able to see whether the OS survey has been booked in for BL169507? And if so, when this is due to take place? I cannot get hold of the lodging conveyancer.

And could you confirm that BL169789 has been resolved? 

Thanks,

JL

Hi J L - we don't have sight of the survey details as that's arranged between the applicant and OS. Suggest you ask the seller if they have made an appointment yet
All we know is that OS haven't submitted a report to us as yet
BL169789 has been completed but it appears an amendment might be needed re one of the register entries - I'll check with the casework team for an update
BL169507

Hi Adam,

Thanks so much for the quick update. Would appreciate any info the casework team can give you about the amendment on the register entry on BL169789 - thank you for checking!

JL

Hi J L - they advise that BL169789 should be resolved today and the register updated as appropriate

That's great, thank you!

Can you confirm whether the address has been changed with that application (BL169789)? At present, the registry says 'land on the north side of Elmlea Avenue' but should say '25A Elmlea Avenue' instead. We've been told by the lodging conveyancer that an application to change this has been submitted, but so far almost everything we've been told has been wrong! If this hasn't been rectified, can you advise how we might do this - should we submit an e-COA?

And can you also clarify whether a notice period will definitely be needed for BL169507 following the survey, or whether this is at the discretion of the senior officer depending on the details of the case?

Thanks,

JL

J L - BL169789 was updated this morning. Took a little longer than the casework team anticipated it seems
There's no application to update the property description
Notices are always based on merit and are at the senior officer's discretion. It is though rare for none to be served
BL169507

Thanks for the info Adam - I'll chase the lodging conveyancer yet again to ensure the property description is updated. 

I believe the survey should be happening today, so I'll post again in a few days to see if you've received the report.

Thanks,

JL

Hi Adam,

Just wondering whether you have received the OS survey report for application BL169507?

We've also received some correspondence regarding title number BL33904, Land Registry reference J951WYT - could you please let me know what this application is for?

Thanks,

JL