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Posted Fri, 23 Feb 2024 08:51:46 GMT by C Law
Hello

I've seen a few posts asking for updates on their adverse possession claims.

The house we are buying has applied for adverse possession as some of the garden is not on the deeds (but is fenced in).

I don't have the title deed for the bit of land not currently registered to the owners - only the deeds for the house and garden. Are we able to check on the progress of the Adverse Possession claim by postcode?

If so it's TN24 0TW.

Thanks so much.
Posted Fri, 23 Feb 2024 09:15:24 GMT by Adam Hookway
Hello C Law - there are 41 addresses with that post code so can you narrow it down further please and I can try and identify it
Posted Fri, 23 Feb 2024 09:50:10 GMT by C Law
Hello

Thank you so much. It is number 18. I can find the title deed for the house/garden if that helps?

Thanks Adam :)
Posted Fri, 23 Feb 2024 10:01:43 GMT by Adam Hookway
Many thanks - there's no application pending as yet re the land to the rear and which I assume is going to be the subject of their claim.
K575301 is the title for the land and it's still registered in the name of the original developer it seems
Posted Fri, 23 Feb 2024 10:19:42 GMT by C Law
Thanks so much. I will chase will with other party.

Yes, this pertains to the small strip that still belongs to the developers (the land behind this is registered to the vendors, as well as the house/garden).

We were told adverse possession was being applied for around mid January - is there a chance that the application wouldn't have been reviewed yet?

Thanks,
Posted Fri, 23 Feb 2024 10:37:40 GMT by Adam Hookway
C Law - if there was an application then it would show up against the developer's title as quoted. Best to check with the seller's conveyancer as to what's happening at their end. 
Posted Fri, 23 Feb 2024 13:07:04 GMT by C Law
Thanks so much for your help, it's really appreciated.

Apologies to ask more but I've spoken to the conveyancers and apparently the Adverse Possession Application was cancelled by Land Registry and the vendors have been told by LR to do an application to register unregistered land instead.

Is this process similar to adverse possession? Is it likely to be quicker/slower than an Adverse Possession?

Thanks!

 
Posted Fri, 23 Feb 2024 13:12:22 GMT by Adam Hookway
C Law - if that's what's been advised then I assume they are still claiming ownership through adverse possession so no real change around timescales involved. 
The Practice Guides 4 and 5 on Adv P explain the process and can help give you some idea of timescales.
Expedition can reduce the initial wait time but thereafter the registration requirements still have to be met and that often takes time (2-3 months) to complete in most cases
Posted Fri, 23 Feb 2024 13:17:47 GMT by C Law
Thank you, you've been so helpful

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