Adverse Possesion Expedite Mortgage Expiry

Hi,

im hoping you can advise me on how long it is going to take for a land issue to be resolved

We are purchasing a property (Title number WYK605433) and we were due to complete in November but there was part of the garden found unregistered. We were then informed this would require an adverse possession application, and we were informed on the 24th of January (16 working days ago) that this had been processed for expedite.

Our mortgage runs out this time next month, can you please advise how long this process usually takes, as we have been informed this morning that there have been no updates from the land registry since this was processed for expedite.

Thank you

Hi - if there's a claim as to ownership of land there are 3 stages to get through.
1. The claim is sufficient both legally and in registration terms - 10 days or less from being expedited
2. Site visit/Survey - carried out within 2 weeks of it being requested by us
3. Wider checks including affected/adjoining or actual landowners to see if they consent/object
So generally speaking a 10-14 week (absolute 'best') period from expedition before registration is likely but only if everything goes to plan and no hold ups or issues along the way
If we are referring to the land adjoining 30A then the letters re survey went out on 30th Jan so OS may have already visited. We are waiting for their report before the final stage is then reached
YY189959
 

Hi Adam,

Thanks for your response.

We have been informed the OS is taking place Monday morning.

If the report is sent off quite quickly, say within the same week, how long does the next step usually take?

I can’t imagine there will be and adjoining or actual landowners as I believe this is the sellers.

As I mentioned we’re hoping this is all sorted out in the next three weeks, do you think this is likely?

Hi Leonie - too soon to comment as we need the report back before any final decisions are made re wider checks or otherwise. 
I would imagine we should have a better idea at the end of next week providing OS are quick to provide their report

Hi Adam,

Understood, please can you check whether the report has gone through yet?

Thank you!

Hi Leonie -the OS report arrived yesterday so that needs to be reviewed by the casework team/lawyer as appropriate. 
If it's all in order then the final stage 3 should then be triggered

Hi Adam,

Thanks for the update that's good to hear.

In your experience, what's the best case scenario for timescales for stage 3 to be completed? Has this ever been known to be done in less than 10 days?

Our mortgage runs out on the 13th of March, so just wondering whether to request the extension now or to hope this will all be finalised by then. Best case scenario for us would be to in before the mortgage expires so we don't have to worry about losing our current rate etc and passing checks again. 

 

Hi Leonie - timescales can and do vary but I assume you mean report reviewed and wider checks all completed in 10 days. If so then that is extremely rare simply because the notifications are issued by post and responded to by post and delivery times can impact.
Extensions on your offer and timings are something to discuss with your conveyancer and to be very much led by them 
We have a process we have to follow and are nearing the final stage but as we are very likely to be reliant on others to respond to those wider checks we can't be definitive re timescales at least until the checks have begun.
If there's an option to get an extended offer then I would be considering it and speaking to my conveyancer 

Hi Adam,

Thanks for the above, will discuss with my conveyancer. Do you know if the lawyer has looked at the report yet or if there are any further updates?

thank you!

Hi Leonie - the report has been considered and we have contacted the conveyancer with a request for more information/clarification. That was yesterday so we can't move forward until they respond fully. 
Do speak to your conveyancer to seek confirmation/clarification and to consider best options also

Thanks Adam we have asked the estate agents to chase the sellors solicitors on this. Hoping it wont take long so stage 3 can commence ASAP

Morning Adam,

Do you know whether the land registry have heard back from the sellers solicitors yet as they informed us they were responding yesterday. 
 

Thank you 

Morning Leonie - nothing as yet. If they've posted their reply it can take a little while before it's added to the case 

Morning Adam,

Please could you check if their response has been added to the case as of yet? 
 

Thank you

Morning Leonie - nothing as yet still. Sorry
YY189959

Thanks Adam, 

The other side have advised that the land registry requisition has been attended, and now they await the completed registration.

I’ll check back in at the end of the week as I’m hoping this is just taking a while to be added to the case as you said.

Thanks for your help so far!

Afternoon Adam,

Please can you check if there have been any updates?

Thank you 

Afternoon Leonie - nothing added to the case as yet and since 28th Feb when we issued our request.
YY189959

Morning Adam,

Please can you check again today? If it’s still not updated today I’m going to take it as this hasn’t been attended and get in touch with the solicitors again.

Thank you!

Afternoon Leonie - nothing as yet. We have had a phone call from EJ Legal on 6th March re certain details re who lodged the application etc but no actual reply to our request as yet.