Issue with selling property which has two titles, one in the wrong name.

Fred2023

Thank you re the above about adverse possession, I must have missed that or did not know what it meant, I have emailed my solicitor to see if we can go this route. Much appreciated 

Fred2023

Just going through this adverse possession, (and forgive me for not fully understanding it) but is this the same as application for possessory title? And if not what is the difference.
If it is, and if I have understood it right I can apply for possessory title but this would not give me 'absolute title' so effectively I would be half way there but not complete, so the buyers solicitors may still not accept it as absolute title is not in my name, is this right? If not can someone explain in layman's terms what this all means, also has anyone does this before so do they know times scale and cost? thanks

propertyrental

Fred2023 said:

Just going through this adverse possession, (and forgive me for not fully understanding it) but is this the same as application for possessory title? And if not what is the difference.
If it is, and if I have understood it right I can apply for possessory title but this would not give me 'absolute title' so effectively I would be half way there but not complete, so the buyers solicitors may still not accept it as absolute title is not in my name, is this right? If not can someone explain in layman's terms what this all means, also has anyone does this before so do they know times scale and cost? thanks

Adverse possession is a mechanism to become the owner. 

Possessory title means that you already are the owner, though there are some legal defects in your registered ownership.

https://www.propertysolvers.co.uk/homeowners-hub/legal/possessory-title/

GDB2222

I am hoping that @Land_Registry can help here.

To summarise, the OP bought a house 15 or so years ago. Part of one bedroom was on a different LR title, and this was not transferred to him. If the OP applies for ownership of this bit, through adverse possession, what is the timescale, assuming the existing registered owners do not object?

I fear it takes two years, but I would like to hear that from an expert.

Land_Registry

GDB2222 said:

I am hoping that @Land_Registry can help here.

To summarise, the OP bought a house 15 or so years ago. Part of one bedroom was on a different LR title, and this was not transferred to him. If the OP applies for ownership of this bit, through adverse possession, what is the timescale, assuming the existing registered owners do not object?

I fear it takes two years, but I would like to hear that from an expert.

Timescales can and do vary but a ‘best’ estimate would be 14+ months wait time before it’s processed. Processing would then take roughly 2-3 months depending on the actual application, supporting evidence, site/survey outcome and any wider checks deemed necessary. 

If there’s an urgency the expedition can be requested to reduce that initial wait time to generally within 2 weeks. Expedition doesn’t usually change the processing time in such cases. 

NB - I assume from your summary that the error was a conveyancing/purchaser one and not one made when first registering the title. If so then adverse possession is one option to consider. The other is for the existing registered owners to now transfer that part. Same wait time estimate but not the registration process that’s applied to adverse possession. 

GDB2222

Land_Registry said:

GDB2222 said:

I am hoping that @Land_Registry can help here.

To summarise, the OP bought a house 15 or so years ago. Part of one bedroom was on a different LR title, and this was not transferred to him. If the OP applies for ownership of this bit, through adverse possession, what is the timescale, assuming the existing registered owners do not object?

I fear it takes two years, but I would like to hear that from an expert.

Timescales can and do vary but a ‘best’ estimate would be 14+ months wait time before it’s processed. Processing would then take roughly 2-3 months depending on the actual application, supporting evidence, site/survey outcome and any wider checks deemed necessary. 

If there’s an urgency the expedition can be requested to reduce that initial wait time to generally within 2 weeks. Expedition doesn’t usually change the processing time in such cases. 

NB - I assume from your summary that the error was a conveyancing/purchaser one and not one made when first registering the title. If so then adverse possession is one option to consider. The other is for the existing registered owners to now transfer that part. Same wait time estimate but not the registration process that’s applied to adverse possession. 

Many thanks for the prompt reply. 

The history is that the "missing bit" was not transferred due to a conveyancing error. The owners of the bit have now divorced. The husband has happily signed the TR1 to transfer the bit, but the wife refuses to get involved in any way. 

There is a sale which is currently stalled by this, so there would be good grounds for asking for expedition. 

Fred2023

Thank you all for the above, so if I have read this right I could ask for expedition and this could take 2 weeks with a processing time of 2-3 months, not good in the sense that my current sale will definitely fall through but at least an end potentially in sight. I will pass this on to my solicitor, but what I don't understand is why my solicitor has not mentioned this to me before, this process could have been started some weeks ago and I would be halfway through it by now......frustrating!!!

propertyrental

Fred2023 said:

Thank you all for the above, so if I have read this right I could ask for expedition and this could take 2 weeks with a processing time of 2-3 months, not good in the sense that my current sale will definitely fall through but at least an end potentially in sight. I will pass this on to my solicitor, but what I don't understand is why my solicitor has not mentioned this to me before, this process could have been started some weeks ago and I would be halfway through it by now......frustrating!!!

Just be aware that it's not a guaranteed process.
During the 'processing time' the LR will write to the current registered owners, giving them the opportunity to object.

How might she react.....?

 

Land_Registry

propertyrental said:

Fred2023 said:

Thank you all for the above, so if I have read this right I could ask for expedition and this could take 2 weeks with a processing time of 2-3 months, not good in the sense that my current sale will definitely fall through but at least an end potentially in sight. I will pass this on to my solicitor, but what I don't understand is why my solicitor has not mentioned this to me before, this process could have been started some weeks ago and I would be halfway through it by now......frustrating!!!

Just be aware that it's not a guaranteed process.
During the 'processing time' the LR will write to the current registered owners, giving them the opportunity to object.

How might she react.....?

It’s a fair point but it’s not a given that it plays out that way. Every application is processed on merit and it’s part of a bedroom after all. It’s not a parcel of land at the bottom of the garden so perhaps less room for any issue
And as for the ex-wife it reads more as if she doesn’t want to be involved so odds of any objection seem very small. And of course what would be the justifiable grounds?
Just thoughts of course but key is to apply asap and start the process. Timescales and registration stages are never definitive as every case is different 

Fred2023

Reading through the above comments again, can I just clarify. If I was to apply for adverse possession would that mean my name would then go onto the title (and not the late owners from 2007) and so I would not have an issue selling the house, or would there always be an issue with the title and therefore future sales could be an issue?