Land missing from title-future lending problems?

silvercar

Brodiebobs said:

So by way of an update the vendors have agreed to apply for a possessory title, however to date they havent done it to date as their solicitor has advised its a conflict of interest for her to deal with this so another person at the same firm needs to pick it up seperately. 

They have also advised the land registry timescale for this is 6-10 months- is that correct land registry rep? 

Generally here things can be expedited if a sale depends on it. It does require everything is in order. If it requires an in person visit from an official that could take longer. @Land_Registry ??

Land_Registry

Brodiebobs said:

So by way of an update the vendors have agreed to apply for a possessory title, however to date they havent done it as their solicitor has advised its a conflict of interest for her to deal with this so another person at the same firm needs to pick it up seperately. 

They have also advised the land registry timescale for this is 6-10 months- is that correct land registry rep? 

If they apply, and request expedition due to the linked transaction/sale, then a more realistic timescale would be 3-4 months if everything was in order and the land is unregistered. If the land is registered then it could be 2 months longer as in both cases we have to complete wider checks with adjoining/registered owners re the claimed land. 
The vast majority of such claims require 3 key stages - 1. consideration by one of our lawyers that the legal thresholds have been met; 2. a site visit/survey by Ordnance Survey; and wider checks as mentioned. Each stage relies on the previous one before starting and as such timescales, even with expedition, can become very stretched. 
The advice given will be based on their own experiences and there's never a fixed timescale involved as issues can arise at any of those three key stages that can extend the timeline. It can also be shortened by positive outcomes to each stage of course as well

Brodiebobs

Thanks both, only one positive I guess is that all the surrounding land is owned by them, so assume those enquiries wont need to take place.

We requested its expidited but ball is in their court now to do the application. 

Brodiebobs

So by way of an update… the application still hasnt gone in, although today the solicitor has advised they believe due to how long the vendor has owned the surrounding property, they can ‘obtain’ the missing land which is easier rather than claiming possession.

does this sound plausible? 

brianposter

This seems to be a very odd discussion. The solicitor says one thing, the Land Registry apparently says the solicitor is wrong. The obvious solution is to change solicitor.

Land_Registry

Brodiebobs said:

So by way of an update… the application still hasnt gone in, although today the solicitor has advised they believe due to how long the vendor has owned the surrounding property, they can ‘obtain’ the missing land which is easier rather than claiming possession.

does this sound plausible? 

All depends what they mean by ‘obtain’. It still reads as an application of sorts so still a way to go. You’ll need to get past the submission and expedited stages first. Then you’ll have a better idea of what’s what and what they mean - the devil will be in the details of course but generally there are three options - paper deeds, claimed ownership or an error when registering. Impossible to know which they’ve gone for so details matter 

Brodiebobs

brianposter said:

This seems to be a very odd discussion. The solicitor says one thing, the Land Registry apparently says the solicitor is wrong. The obvious solution is to change solicitor.

Land_Registry said:

Brodiebobs said:

So by way of an update… the application still hasnt gone in, although today the solicitor has advised they believe due to how long the vendor has owned the surrounding property, they can ‘obtain’ the missing land which is easier rather than claiming possession.

does this sound plausible? 

All depends what they mean by ‘obtain’. It still reads as an application of sorts so still a way to go. You’ll need to get passed the submission and expedited stages first. Then you’ll have a better idea of what’s what and what they mean - the devil will be in the details of course but generally there are three options - paper deeds, claimed ownership or an error when registering. Impossible to know which they’ve gone for so details matter 

Thanks both. Agree confusing. 

No one seems to want to progress or offer solutions which is incredibly frustrating. 

From their solicitor to the agents (who are also involved trying to get some sense out of anyone “due to the length of time XXX has to their knowledge owned and used the land we are able to go straight to obtaining land which is considerably quicker and easier than claiming adverse possession” 

edited to add, the lender has specified the solicitor we use so not as simple as to change I dont think, and their solicitor has agreed to some extent as I assume they wouldnt be assisting with the application if they felt it wasnt needed? 

Land_Registry

Obtaining land would suggest someone else owns it but reads as if the conveyancers need to explain what they mean in more detail 

brianposter

Land_Registry said:

First point to make here is that MapSearch is simply a tool to enable users to identify title numbers. It is not definitive re the registered extents of those titles or unregistered land. 
....................................................... Do not rely on MapSearch alone

Is there a way that these statements can be confirmed officially ?

user1977

brianposter said:

Land_Registry said:

First point to make here is that MapSearch is simply a tool to enable users to identify title numbers. It is not definitive re the registered extents of those titles or unregistered land. 
....................................................... Do not rely on MapSearch alone

Is there a way that these statements can be confirmed officially ?

Not sure how "official" you want? @land_registry is posting here as an official rep from HMLR.