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Posted Wed, 09 Oct 2024 16:10:41 GMT by Nathan Whiting
Good afternoon, 

We were nearing the end of our house sale and purchase of a property. Unfortunately during conveyancing stage it was discovered that the garden didn't match the deed, but with it being like this for nearly 15 years and no objection from owner of land, an adverse possesion application with expidition was sent.  

The application was submitted at the begining of September and the latest update I received was that expidation has been accepted but this was a few weeks ago, we've not received an update since and we have not been given an application number from the conveyencers for the house we are purchasing for this application. 

The house details are:

Address: 51 Curlew Drive, Scarborough
Postcode: Y012 4TP

I'm looking to see what our reference number is, and where we are up to? We have a cash buyer for our property who is becoming inpoatient due to this, so any updates we can provide to them would be most appreciated. It would also help us manage our removal company too. 

Thanks
Posted Thu, 10 Oct 2024 05:43:57 GMT by Adam Hookway
Good Morning Nathan - the application has been partially processed. Looks like we need to arrange a site visit/survey by Ordnance Survey but I'll check with the casework team to confirm.
If we do then we will write to the property owners and conveyancer as appropriate to advise
NYK240425 is the title number for the property which includes the claimed land
Posted Thu, 10 Oct 2024 07:04:30 GMT by Adam Hookway
Hi Nathan - letters will be issued today re the need for a site visit/survey. Once OS have reported back, usually within 2 weeks.
Once they have reported back the final stage will be wider checks/notices as appropriate - see PG 4 section 3.5 for details
Your conveyancer should be aware of the process and be able to advise also
Posted Thu, 10 Oct 2024 08:24:26 GMT by Nathan Whiting
Hi Adam,
Thanks for providing that update, we'll check in in a couple of weeks. 

Have a good day,

 
Posted Tue, 05 Nov 2024 14:41:24 GMT by Nathan Whiting
Hi Adam, 

Just looking to see if there is an update on this application? 

I've recently spoken with the estate agents for the property we are purchasing and they advised OS conducted their site visit a week or so ago. Can you see whether their report has been drawn up and sent over? If so, what are the next steps?

If not, when is this expected to arrive and next steps? 

Many Thanks
Posted Tue, 05 Nov 2024 14:49:53 GMT by Adam Hookway
Hi Nathan - OS report is in and the final stage should be reached shortly, namely wider checks with affected registered owner(s) as appropriate. I'll check with the casework team to see if they can advise when those checks are due to start
NYK516232
Posted Wed, 06 Nov 2024 07:42:42 GMT by Adam Hookway
Hi Nathan - those wider checks should start today with recipient(s) being given 65 days within which to respond positively or otherwise.
NYK516232
Posted Wed, 18 Dec 2024 13:00:25 GMT by Nathan Whiting
Hi Adam, 
I hope you're doing well.

Just looking to see if the recipient has responded at all? If so, do we still need to wait the 65 days or can the next steps start?

If they have not yet responded, what actually happens when the 65 days are up, what are the next steps if they do respond positively, negatively or do not respond? 

Thanks
Nathan
Posted Wed, 18 Dec 2024 13:09:26 GMT by Adam Hookway
Hi Nathan - no responses as yet so the clock continues to tick. 
If they don't respond, then asap after the time has run out the case is reviewed and completed as appropriate.
If they do respond then that can shorten the remaining wait time although clearly all of them need to provide positive replies for that to happen
NYK516232
Posted Wed, 18 Dec 2024 13:49:09 GMT by Nathan Whiting
Hi Adam, 
Thanks for providing this update. 

One question, if there is no response after the 65 days, are the current owners of the land seen to be objecting to the application, or is the view taken that they neither accepted or objected to the application and its proceeded as such? 

Thanks
Nathan 
Posted Wed, 18 Dec 2024 14:51:10 GMT by Adam Hookway
Hi Nathan - if there's no response iit is seen as their silent consent and matters proceed from there. 

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