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Posted Thu, 06 Mar 2025 20:36:18 GMT by John Baker
Good evening
An Adverse Possession claim has been submitted to yourselves, it is regarding a small parcel of land within the the garden. It measures less than 2 metres by 1 metre within a fairly large garden. I don't understand how this has happened. I have owned the land and property since the early 1990s. Our Solicitor has put in an Adverse Request on the expedited service just 2/3 days ago. What are current timeframes and an estimation of how long this will take? We are currently 5 months in to the sale process and are obviously concerned about this unforeseen delay. 

any support would be greatly appreciated.
Posted Fri, 07 Mar 2025 07:45:28 GMT by Adam Hookway
Good Morning John - expedition gets the case to the processing start line asap and usually within 10 days.
Everything then depends on it being in order and there can be 3 key stages involved 
The first is consideration of the claimed facts - are they sufficient in law to warrant the claim being registered (2-3 weeks)
The second is a site visit, if needed, to survey the site and ensure the reality matches the facts (2 weeks)
The third involves wider checks with neighbouring/affected landowners to see if they object (or consent) to the claim for any reason (3 weeks)
Stages 2 and 3 can't be expedited as we are reliant on Ordnance Survey and third parties respectively. But each stage follows on from the next so is reliant on the previous one completing/deciding what happens next
The (weeks) indicators are just that - very rough indicators of timescales involved if stages 2 and 3 are needed and each goes to plan as you would hope for
Your solicitor will be contacted if something more is needed or if the claim is not in order. They and you as the registered owner will also be contacted if a survey is required.
They are the ones to provide support during the process but if you need to post again at any time do ensure you have obtained the title numbers and our ABR (case) reference from them to assist you
Posted Fri, 07 Mar 2025 07:55:27 GMT by John Baker
Thank you for you very quick response. 
It is strange as it is towards the middle of the garden and is a very small parcel of land in comparison to the size of the garden, measuring less than 2 metres and less than 1 metre. It is away from the boundary and there is no right of way for anyone over the property to get to this land. And there wouldn't be any other affected properties. I have owned the property for over 40 years and the land for over 30 years.  
Posted Fri, 07 Mar 2025 08:01:15 GMT by John Baker

It is also flagging as unregistered. Does this mean the process will be more straightforward and could an indemnity be taken out on this to get the sale through?

Posted Fri, 07 Mar 2025 08:12:57 GMT by Adam Hookway
John - all noted and appreciated re the land. The process is always straightforward providing everything is done correctly starting with the facts on which the claim is based.
Whether an indemnity would work for the buyer invariably comes down to whether they are buying with a mortgage (the lender may say No) and something for their conveyancer to say Y or N to of course.
But a Q for your conveyancer to answer for you as presumably that's already been discussed with the buyer/conveyancer/lender
 
Posted Fri, 07 Mar 2025 08:16:20 GMT by John Baker

Really grateful for your responses, thank you. Fingers crossed this moves forward as speedily as possible, 

Posted Sun, 09 Mar 2025 20:00:37 GMT by John Baker

Good evening

Please could you tell me if there has been any progress on the Adverse Possession Claim that are registered as WA82368 and NK88136 for the small parcel of unregistered land within garden? Our Conveyencer has requested this be expedited. 

All details are are above with further information.

many thanks 

Posted Mon, 10 Mar 2025 08:41:32 GMT by Adam Hookway
Good Morning John - those two titles are nowhere near one another but I'm pretty sure the application you are referring to affects NK88136 and not the other one you have quoted
The casework team have requested more information from the conveyancer on the 9th March. You'll need to contact them to confirm and to clarify any details re the request
NK543204 
Posted Mon, 10 Mar 2025 12:25:27 GMT by John Baker

Thank you again for your very quick response. I have spoken to the Conveyencer and he has clarified the points and submitted the additional evidence.

Really appreciate your help on this forum, it is most helpful. 

Posted Mon, 10 Mar 2025 13:40:23 GMT by Adam Hookway
John - they have responded and that response will be picked up by the casework team and acted upon. That will move matters to Stage 2 of the process I outlined as before so next contact will be notifications going out to arrange a survey/site visit by OS.
I can't be definitive re timescales but the expedite status means that should happen relatively swiftly so hold fire and wait for the contact 
NK543204 
Posted Sun, 16 Mar 2025 11:59:04 GMT by John Baker

Good morning, I completed the necessary form with Ordnance Survey on the 11th, and fully appreciate that the 2 weeks has not yet been met, but wondered if there is any update? 

Also, would stage 3 be needed as I own the land surrounding the unregistered bit? Or is this at the discretion of OS?

Apologies for the questions, the delays to selling is causing lots of anxiety and appreciate everyone's support at OS and the LR.

Posted Mon, 17 Mar 2025 07:05:14 GMT by Adam Hookway

Good Morning John - the OS report is not yet in so the case is still pending and waiting for that as well as next steps to be decided

Next steps are not for OS to decide but are for us to decide upon based on the application, OS report and what's already been registered

NK543344

Posted Sat, 22 Mar 2025 18:38:29 GMT by John Baker

Good evening. 

OS have been out and am told they have submitted their findings to LS. just wondering if there is any update? Any help would be appreciated,

many thanks 

Posted Sun, 23 Mar 2025 08:16:42 GMT by Adam Hookway
Good Morning John - OS have yet to file their report with us. 
NK543344
Posted Mon, 24 Mar 2025 10:16:55 GMT by John Baker
Good morning - many thanks your response - and fully expect you to get fed up of me asking - again - sorry....has this come through to you yet?
Posted Mon, 24 Mar 2025 11:29:45 GMT by Adam Hookway
John - not as yet
NK543344
Posted Mon, 24 Mar 2025 11:39:11 GMT by John Baker

Many thanks - OS says it has been completed but guess it has systems and processes to go through etc. Will try again tomorrow! Thank you again and appreciate I am an inconvenience but this is most helpful 

Posted Mon, 24 Mar 2025 12:24:17 GMT by Adam Hookway
John - no apologies needed and no inconvenience either. 
Once they have submitted their report it will be referred with the live case for further consideration
There is then a possible third stage whereby wider checks are required re adjoining/affected landowners as well 
There's still a way to go I suspect so by all means check in for an update but bear in mind I've never come across a scenario where OS haven't submitted a report after their site visit has completed
NK543344
Posted Mon, 24 Mar 2025 12:52:38 GMT by John Baker

Thank you again for your response, OS have completed their report and said they have sent to HMLR. 
Appreciate there maybe further checks needed - I hope not, as the unregistered land is in the middle of my garden and not near a boundary so would not be of Interest to other landowners who do t have any right of way over my garden. 

Posted Mon, 24 Mar 2025 14:06:10 GMT by Adam Hookway
John - when did they carry out the site visit please as still no report with live case at our end
NK543344

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