First Registration/Adverse possession query

Hi,

closest title regarding this - WA65942 email correspondence ref - 240926-3849523

We are selling our property and we need to sort out a tiny parcel of landlocked unregistred land (attached to given title plan).

My solicitors have been in contact with the LR. I spoke to them today to get a ref number regarding the Adverse Possession application and they have stated there is no ref number as it's a First Registration it needs to go by post. You will then give it a title number?

Can i get some clarity on this? I thought they would be able to apply via online?

Also, we have a property chain effected by this and a mortgage application running out, plus Christmas approaching! I know these things take as long as they take but if anything can be sped up that would be great!
 

Just to add (sorry cannot edit post) my solicitors have already been in contact with LR regarding this land (three weeks ago) and I assume they will be providing the ST1's and plans along with the application.

They also said there is a letter requesting to expedite. If this could be done ASAP, as I say there is a chaign involved in this, and we need to get the ball rolling.

Any help very much appreciated at this very stressful time!

Hi R M - they need to submit their application first. Then they need to request expedition to ensure that it is then considered asap.
After that it all depends on the application being in order, a site visit/survey being arranged and reporting back positively, and then a final stage re wider checks (if required).
So if they lodge it soon and get it expedited you are still looking at a potential wait of around 8-10 weeks if everything goes in your favour. If wider checks aren't needed then it can be a shorter wait but we won;t know that until it's lodged and partially processed
Once they have lodged it they can track progress for you but if that possible 8-10 week best case scenario is too long then do speak to your conveyancer/lender re your mortgage and a possible extension

Thanks for the reply Adam, OK so the First Registration (FR1) is all part of the adverse possession application, I assume?

Unfortunately our mortgage application cannot be extended, our solicitors are advising to wait for the LR reaction to the application before any vague timeline can be seen. Everything else in the chain is sorted so a lot of pressure on us :(

One hope....our solicitors and LR (investigation into a mapping error) have already been in touch regarding this land, i'm not sure if the caseworker or anything can be given the head-up that this application is on it's way?

Thanks again.
 

R M - if the land is unregistered then form FR1 would be the application form.
There's no application as yet so no heads up opportunity exists. They need to submit, request expedition and go from there as explained

Yea, OK, thanks Adam. Sorry, one last thing to be clear about this, and I apologise for all the questions!

Once this First Registration application is submitted, it will be completed and a title number given to the land.....do they THEN apply for adverse possession? Or.....will the adverse possession application be included in this First Registration Application? If you understand what i'm saying?! 



 

R M - they submit the FR1 which is their attempt to register the land through adverse possession. On receipt the application is allocated a provisional title number.
No need to apologise and this must be incredibly frustrating and of course not entirely within your control.
The key, in my experience, is to recognise that there is a staged approach to such applications as ticking off each stage as it completes is key to managing your own expectations
Stage 1 is receipt by us. Stage 2 is then expedition. And then the stages follow as described already. And each new stage only starts once the previous ones have all been passed
So first thing to do is to ask the conveyancer to confirm that provisional title number and case reference. And then ensure they expedite it. 

Ok thanks for clarification Adam, that's some relief it's not a case of two application processes, we just want to get the ball rolling, I understand the steps ahead of us. They posted the application with expedition request/evidence either yesterday or today, so hopefully with LR asap.

Thanks again, i'll use appropriate sub-forum for future application updates, once we get a ref/title number.