Adverse possession, Statement of Truth, OS survey,

Re Title HE73144, Postcode HR2 8BD
 
I hope you can help with our house sale.
As you will see from our central file, we have been in the process of selling our house since early May this year and seem no closer to a resolution. We originally bought the property in 1984 and were not made aware of any issues pertaining to the boundaries. We were made aware in September that a Statement of Truth was required for adverse possession of a sliver of land on our southern boundary was required. This small area has been part of the property since at least 1975 and indeed we have an aerial photograph from the period which confirms this. We have now been told that an OS survey is required. Our solicitor has expedited the application but we are now fearful that further delays will lead to the loss of the property we are intending to purchase. We should point out that we own the adjoining property so there will be no legal dispute regarding a change of boundary. 
We are now becoming increasingly anxious not to say desperate for some movement on this issue. Can you possibly help ?

Many thanks in anticipation

D M Davies

Hi David - the title number quoted was completed in Sept and I think you are referring to a second application (HE73656) lodged in Oct re adjoining land to the main property.
As it's a claim as to ownership there are a few stages to pass before it can be completed but it is in progress so that should allay some of your worry and anxiousness, hopefully
It's just passed the first stage which is all about your claim meeting the legal requirements. It seems we have been in correspondence with your conveyancer to resolve a few issues but that's now done and the next stage has been reached.
That second stage is the need to visit the site to check on the lie of the land and Ordnance Survey do that for us and act as our 'eyes on the ground'. You will shortly receive letters advising you of this so next step is to read, consider and act as directed/appropriate.
Once OS have done their visit and reported back to us, and that will usually happen in the next 2 weeks, they're report has to be considered alongside your claim/facts. If everything matches we then move to a third and final stage. 
That final stage is contacting adjoining landowners to confirm matters and to see if any object to your claim/facts in some way. Whilst that final stage is not guaranteed to happen it is very rare for it not to.
So you are still looking at a 5-6 week period before the registration might be completed. Whilst it is expedited we can't hasten OS (other than they do their survey within 2 weeks) and we can't hasten recipients of the wider checks. But each stage at HMLR re consideration and reconsideration will be done asap.
So whilst we can't remove all the anxiety and pressure around the sale we are doing our best to resolve matters as expeditiously as possible. However the legal and then registration requirements must be met before a final title can be provided and guaranteed
I hope that offers some reassurance that you can both work with

Dear Adam,

Thank you for your prompt reply which is very much appreciated. Will the fact that we are the adjoining landowners (we own the property which forms the boundary in question) make the process more rapid? I can confirm that we are not going to object to the application!

Best wishes

David 

David - it may do but there's a process to be followed so take it one stage at a time. The next one is when you receive the letters and doing as requested. Look too far ahead and you will over think and often add to your stress. 
Once the survey has been completed wait a few days for OS to then report to us and then post again and we can see where we are at re next stages
I can't and won;t share the specifics via the forum but I can at least try to manage your expectations re time scales as we go

Will do.
Thanks again

David

Dear Adam,

We are due an OS visit very shortly but in the meantime we have found an aerial photo of the property in 1975/1976. These were all the rage at the time and this one clearly shows the fencing that formed the boundary line dictated by the Deed of Grant in 1975. Is this of any interest to the LR?

Regards

David

David - impossible to say as all depends on whether the evidence already submitted plus the OS report is sufficient or not. If you think it's relevant then submit it would be the sage advice to give 

Good morning Adam,

The OS surveyor (IP) attended on the 30th November and the report should have been with you on the 1st December - IP confirmed that if this was not the case then OS would not be reimbursed for the site visit! IP also confirmed that the photograph we have is interesting and material but would have no influence on the process itself.
We are now in the eighth month of the process of selling our house and, as was stated previously, all parties are extremely keen to move this along very quickly. Consequently, with Christmas fast approaching, we wondered whether the letter consulting with owners of neighbouring properties (i.e. my wife, MCD) could be processed as quickly as possible please. Is it possible to do this electronically to accelerate the process?

Regards

David

 

G M David - the OS report is in so that will be with the referral point to consider next steps etc as previously explained.
If the report and application match so nothing more is needed from the applicant then the final stage is usually the wider checks as mentioned before. Those will be by post as per the registered contact information we have for each recipient, which is invariably a postal address.
Once received they have the option to then email a response but trying to add/ask us to email the notifications won;t accelerate the process and may sometimes create additional delay. I would recommend that the fastest way for this to be dealt with is to allow the process to run. Trying to affect the registration process re such claims can, in my experience, delay matters.
HE73656

Understood Adam,

Thank you again.

David

Good morning Adam,

Firstly, may I wish you a Happy New Year.

Secondly, my wife and I wondered how close HMLR were to completing the process? We know that HMLR accessed the file for the adjoining property (HE28052) on the 20th December and that prior to this the proprietor of this property had raised no objection to the proposed boundary change between the two properties. The legal process is now in it's ninth month and we are extremely keen, not to say desperate, to move, as is everyone else in our short chain.

Regards

David 

Good morning David - I have responded to your latest message in the absence of my colleague. 

The application under title HE73656 (as well as that under HE28052) was completed on 20 December 2023.  Confirmation of the application being completed, together with evidence of registration, was sent electronically at the same time to the conveyancers who submitted it. 

There is nothing pending with us against the title currently. 

I hope this helps. 

Thank you Nimish, that is very helpful indeed.

Regards

David