Adverse land possession time

Torfoxwell

Hi All,

Just wondering if anyone has any experiences of applying for adverse possession of land ? the sellers are applying for it for a drive of the house we are buying & i was wondering if anyone had any experiences of this or any ideas of time frame, i have asked my solicitor but she hasn't replied as yet...

Thanks in advance

marliepanda

12 years of exclusive use and maintenance I think...

Torfoxwell

sorry i meant for the application etc to be approached and go through , their mum used it as a drive for 60 years so i am hoping no issues there...

Thank you though

Davesnave

A title like, "How Long For Land Registry to Process an Adverse Possession Claim?" would have been better.

This is because the only person who can answer is the Land Registry Rep, as past performance is not an indicator of current admin speed. They will probably still see it though.

However I suspect it's still a "How long is a piece of string?" question, because each case will have some uniqueness.

Land_Registry

Timescales can vary like the length of a piece of string as suggested as every situation and supporting evidence is unique

The average timescale for a first registration is currently around 69 working days.

If there is a linked transaction such as an onward and confirmed sale then the solicitor who has applied to register the claim should contact us with those details and a request to expedite. Expedition can shorten the timescale so it should be considered much sooner. Everything then depends on it being in order and what wider chacks (if any) need to be made. These can vary depending on the circumstances

darrenmcneill

Land_Registry wrote: »

Timescales can vary like the length of a piece of string as suggested as every situation and supporting evidence is unique

The average timescale for a first registration is currently around 69 working days.

If there is a linked transaction such as an onward and confirmed sale then the solicitor who has applied to register the claim should contact us with those details and a request to expedite. Expedition can shorten the timescale so it should be considered much sooner. Everything then depends on it being in order and what wider checks (if any) need to be made. These can vary depending on the circumstances

I am just about to have to go through this process myself. We "were" 1 week off completion (everything has been sorted and signed), but the buyers solicitor has now decided to tell us that they require us to apply for the adverse possession order (why they did not tell us this weeks ago is beyond me as they were fully aware). I "was" due to complete on another purchase in 2 weeks time.

Do you have an average time frame for expedited applications? I know this is the piece of string question, but it would be helpful if I could give an approximate time scale to the vendors of the property I am due to buy.


Apologies for hacking this thread by the way OP!

Land_Registry

Currently if an application is expedited we quote 10 working days as the timescale for consideration.

That's not completion as that is where timescales can get stretched if the application is not in order and we need more details. The ball is then back in the applicant's court.

And with adverse possession there is often a need to survey the site to check on the claim matching the reality. That relies on OS doing the survey which may take a couple of weeks as well.

So if expedited then 2 weeks within which it would be considered, 2 weeks for survey and then another week for further consideration say.

As you say though it is a piece of string estimate and if everything goes to plan a reasonable estimate. But every application is different

Julia_Wright

My solicitor is just putting in a claim for adverse possession due to land I have maintained (inside of a a fenceline that the neighbours erected more than 15 years).

The issue is prohibiting my sale as the new purchashers want to know where they stand. Are you able to tell me if there is a number to call to help this be expedited or do we just put it on the application that we have urgency...

Many thanks

Julia

Slithery

Your solicitor has to request expedition and provide evidence why it is needed when they submit the application.

Richard_Webster

Hi All,

Just wondering if anyone has any experiences of applying for adverse possession of land ? the sellers are applying for it for a drive of the house we are buying & i was wondering if anyone had any experiences of this or any ideas of time frame, i have asked my solicitor but she hasn't replied as yet...

Thanks in advance

If the drive has simply been used for access in common with others who could use it then there may not be a case of adverse possession, but only proof of a right of way established by long use - but the periods involved are longer than for adverse possession of land itself where you have to show exclusive use and possession. The LR registers a "claim" to a right of way after proof of 20 years use but wants 40 years before it will show it as an established right appurtenant to a property.

If the drive has not been enclosed within a curtilage then adverse possession may not be appropriate.

davidmcn

Richard_Webster wrote: »

If the drive has simply been used for access...

You're replying to a post from two years ago which has been resurrected by Julia Wright's query (Julia - less confusing for the rest of us if you start your own thread!).