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Posted Sun, 20 Aug 2023 18:43:24 GMT by Mike H

I am in the final stages of an expedited Adverse Possession claim for a single strip of land in the garden, the OS surveyor has been and notices gone out to neighbours. Unfortunately, one seems likely to be considering an objection. Don't know for sure yet, but I do know that they have requested an extension to the deadline for submitting objections. My first question is: how likely is it that an extension will be granted?

Second question: I believe I know what the objection may be. In summary, at the time of purchase there were no historical deeds. Consequently, the prior owner (of some 30 years) issued a Statement of Truth to the effect that the land in question had always been used as part of the garden. The map drawn up by the previous owner for the Statement of Truth indicates the land for submission as a hand-coloured area within the unregistered strip but, importantly, they have left a small corner of the area uncoloured. I believe that this may have been intentional and the unmarked area should be excluded from the application. I also believe that Land Registry may be looking to apply possession against the WHOLE unregistered area (fair assumption really) and not JUST the area that is marked in colour on the map. This would leave a small area of the currently unregistered land as still unregistered, which is what I believe was intended. I think that the small uncoloured area could be the cause of a potential objection since the neighbour believes it may be theirs (even though it is unregistered). Hope that makes sense.

Question: if this is the case then can Land Registry amend the ongoing application and send out new notices or do we have to start again?

Thanks in advance.

Posted Mon, 21 Aug 2023 06:36:06 GMT by Adam Hookway
Mike H - extensions are normally granted if they provide supporting evidence to justify it.
Everything really hinges on merit as to what can happen in such cases. For example if they object to the bit you refer to and you agree to exclude it from the claim then probably not an issue.
It would be rare to start again after getting so far but as I said it's all on merit and based on the facts as claimed and what the survey and objection states
Posted Mon, 21 Aug 2023 18:53:07 GMT by Mike H

Adam - many thanks for your swift response and advice. I've been notified that they did in fact get the extension, citing the fact that the conveyancer in question is on leave, so guess that was accepted as evidence enough.

Posted Sun, 03 Sep 2023 06:13:24 GMT by Mike H

Further question re timescales.

How long does it typically take between objection deadline and decision re an Adv Possession application? The case is expedited (since we are in the final stages of a sale/purchase). I realise it will be case dependant but just a rough idea would help us plan the next steps. Thanks.

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