Expedited Possessory Title

Good morning 

I am 3 months into the middle of a three house chain and the house at the top applied to the Land Registry just last week for A possessory title application regarding some land at the property.  My solicitors have checked their portal and it has not as yet been updated, I am told that the portal does not always get updated.  I wonder if someone could help and let me know how long we will be required to wait.  I am concerned our buyers may pull out and also my mortgage ends at the end of November.  The postcode of the house in question is DY3 1BD.  

Good Afternoon Lynsey - if they have applied for adverse possession of unregistered land then there's going to be a lengthy wait, even if expedited. 
Such claims often rely on three key stages - 1. The facts of the claim are sufficient to support such a claim in law; 2 A site visit/survey; and 3. Wider checks often including contacting adjoining landowners to see if they consent/object. 
A best case scenario re timescales is around 9-12 weeks depending on nothing being awry
The conveyancer needs to check to confirm the application has been submitted and then expedited. They then need to confirm what the application is specifically for, a claim re registered land or unregistered land, and then advise as to likely timescales and next steps
If it's as you infer then I would recommend the conveyancer discussing with the buyer re a possible extension on their mortgage offer but your conveyancer will know best on that aspect

Hi Adam my conveyancer is telling me that the possessory title looks like it’s an absolute and therefore  the land wouldn’t need to be inspected. Are you able to check from the postcode that I have given you please? 

Thank you in advance. 

Hi Lynsey - not too sure what the conveyancer means by that unless what they have actually applied for is to upgrade a possessory title to absolute. So not an application to claim ownership but one that is trying to upgrade an already registered Possessory title where the 12 years has passed.
There are a number of properties on that post code so without specifics not easy to answer. However there is one that identifies as a main property and land to the rear with possessory title, but there's no pending application against either 
If it were me then I would be going back down the chain and asking them to confirm the title number and application case reference (known as our ABR) so as to confirm that an application has actually been lodged and if so has it also been expedited. And also asking them to be clear on what the application is actually for.

Hi Adam 

You are so helpful and informative thank you so much. I am waiting for my solicitor to provide the ABR but if this helps the house number is 12. 
 

if they are applying for absolute how long does this usually take? I am so concerned we will lose our buyers. Plus my mortgage on my house that I am selling runs out at the end of November. 
 

thank you 

Hi Lynsey - that's the one I identified so nothing pending against either it's absolute or possessory title I'm afraid
If they apply and then expedite it then it could be upgraded fairly quickly (days) if the paperwork is all in order.

Hmmm my solicitors have told me the application was lodged last Tuesday. Maybe it hasn’t been looked at as yet?

Sorry Adam could you clarify as I may have misunderstood, does number 12 already have a possessory title? and if this is the case the application would be an absolute and this should take a few days?? Is this correct? 
 

thank you 

Morning Adam 

I have managed to get the title number WM566787 and HMLR reference number is F800SPT.  

Could you please check what is happening with this?

Thank you 

Morning Lynsey - sorry for any confusion caused but essentially Number 12 is registered under two separate titles, one absolute and one possessory. Together the two titles form the one property.
Title WM566787 is the possessory title and they have applied to upgrade the title to Absolute from Possessory. They haven't requested expedition it seems but I'll flag with colleagues and ask them to do that based on the urgency you have been expressing here.
If they have completed the form correctly and it is all in order then hopefully it can be processed quickly.
Suggest you post again later this week for an update 
WM566787

 

Thank you Adam, much appreciated.  

I would really appreciate that ypu get them to expedite this as we will have major problems in the chain if not. 

Thank you so much for your help.  

Lynsey 

 

Hi Adam 

Do you have an update regarding this application please?

Thank you 

Hi Lynsey - the application was partially processed on the 15th but the submitted form was incomplete. We went back to the conveyancer to remedy matters and they replied. The case is now back with a senior officer to review to confirm if all now ok and can be completed. Hopefully that will happen soon due to it being expedited

WM566787

Thats great, thank you, 

Good morning Adam, 

Do you have any update on this please? thank you for your help.  

 

Good Morning Lynsey - WM566787 has been completed and the updated registered information is available online 

Thank you Adam and thank you again for all your help.