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ST1 or adverse possession?
Stuck4name
Posts: 4 Newbie
Hi everyone
We are intending to purchase a property in England where sellers have part of their garden which is not on the title plan. They have sent us a filled ST1. I am now wondering whether they should submit the ST1 to Land registry and/or apply for adverse possession or would it be upto us to apply for adverse possession after purchase of the said property?
If its upto us to apply for adverse possession, do we need to wait for further 12 years before we can apply for adverse possession?
Also, can we actually proceed with purchase with just getting ST1 from buyers?
We are buying with mortgage from Halifax if that makes any difference. Should we or our solicitors inform Halifax?
Thank you in advance for any response or guidance.
We are intending to purchase a property in England where sellers have part of their garden which is not on the title plan. They have sent us a filled ST1. I am now wondering whether they should submit the ST1 to Land registry and/or apply for adverse possession or would it be upto us to apply for adverse possession after purchase of the said property?
If its upto us to apply for adverse possession, do we need to wait for further 12 years before we can apply for adverse possession?
Also, can we actually proceed with purchase with just getting ST1 from buyers?
We are buying with mortgage from Halifax if that makes any difference. Should we or our solicitors inform Halifax?
Thank you in advance for any response or guidance.
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Comments
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All depends on how long the ST1 is for - if less than the required years then you can’t register the claim until you add your years to get there
Yes re advising Halifax as they need to decide if ok to secure loan against registered part without including the unregistered bit of the garden
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-landGet legal advice as to ensuring the ST1 states what’s going to be needed to support such a claim in law“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"1 -
Sellars have owned it for more than 12 years.0
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Ok - so all about your mortgage lender and they type of mortgage product involved. They’ll tell you whether they need the seller to register it first or not.Stuck4name said:Sellars have owned it for more than 12 years.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"1 -
Normally, how long does it take to register? We are inclined to ask our sellers to register it first but just worry about the chain as well.0
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If the application is submitted, and they then request expedition to hasten it, you are looking at perhaps at least a 2-3 month wait if all goes to plan.Stuck4name said:Normally, how long does it take to register? We are inclined to ask our sellers to register it first but just worry about the chain as well.
Do speak to your conveyancer as appropriate - if you are buying with a mortgage what you want will be secondary to your lender's requirements“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
The date for 65 day notice completes tomorrow. Could I please check how long after the process can conclude? We are wondering if we need to extend our mortgage offer letter or are we able to exchange/complete soon? It was expedited when the application was submitted.
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It's a manual process so it will generally be 2/3 days after the expiry date when matters conclude, providing of course everything is in order and nothing remains outstanding.
The timing of your exchange/completion would be a matter for you/the seller and the conveyancers involved
“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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