Land missing from title-future lending problems?

brianposter

In a form that will convince a solicitor that they are wrong.

silvercar

brianposter said:

In a form that will convince a solicitor that they are wrong.

Dear Solicitor,

I sought some clarity on what you were telling me on a public forum online. Luckily for me an official representative of the Land Registry responded and explained XX. To quote the exact wording " ....." Can I ask that you revisit the matter in the light of their comments.

Many thanks,

Brian Poster

Brodiebobs

By way of an update we have (finally!) had confirmation an application for adverse possession has been put in, with plenty of supporting documentation, statements and photos. We have also been told the application has been expedited.

In fairness to my solicitor we approached someone else for advice and they gave same advice, we also referred to mortgage provider who confirmed would not lend without the title being correct and wouldnt accept the indemnity policy due to it being access to the property.

So im hoping it now progresses quickly for everyones sakes!

Brodiebobs

https://forums.moneysavingexpert.com/discussion/comment/81830728#Comment_81830728

hi Land registry rep.

Im hoping you can help, as per my update the application went in, the vendors received a letter saying a site visit would take place no later than the 6th March, and they didnt need to be present if there was access, which there is.

Since then neither party have heard anything and the portal the solicitors can access still just shows application logged.

a) would the portal be updated once a visit has taken place, our solicitors seem to think it would but theirs say not, only when a decision is reached.

b) how long approximately after this should we hear a response.

Thankyou in advance!

Land_Registry

No re portal update - the OS complete the survey and report back, generally within 2 weeks of the request to carry out the survey

The report is then considered alongside what's already been submitted/claimed and next steps decided by a senior officer/lawyer

Next steps, if all ok, generally mean wider checks. If the claimed land is registered those checks include contacting the current registered owner and allowing them 65 days to respond. However if the land is unregistered such checks are with adjoining landowners and they have 15 days to respond.

Your posts and reference to a 'triangle' at the start suggest it is unregistered so the shorter wait re checks perhaps. The longer wait tends to be between OS report and extra consideration.

If pressed for an estimate I would suggest there's probably still a 3-4 week wait before portal is updated re the wider checks starting. But if they are not needed then that could be the case completed timescale also.

Still guesswork though re timescales as we don't know what the OS report has stated. If there's an issue there then the conveyancer will be made aware

Brodiebobs

https://forums.moneysavingexpert.com/discussion/comment/81927712#Comment_81927712

Thank you Land Registry rep thats really helpful.

Yes the area in question is unregistered and the surrounding is owned by the vendors so I would imagine based on what you said the investigations hopefully should be minimal.

The vendors apparently have been told they cannot chase up and just need to wait for a response. So ive had my wrists slapped by my solicitor for pestering them to chase an update!

Brodiebobs

https://forums.moneysavingexpert.com/discussion/comment/81927712#Comment_81927712

We’re now over 6 weeks on from the site visit and been told for the last 3 weeks the OS report has been done and its with a senior decision maker, but the vendors solicitors is unwilling to chase up, just says we need to be patient.

Unfortunately we cannot be patient as were now homeless… is it correct that you cannot be chased?

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81971045#Comment_81971045

As it's already been expedited then it's already being fast-tracked. They/you can still chase but so much depends on what's involved and immediate action is not always possible. Appreciate that's still not going to be as quick as you would like but timescales are always stretched re these types of application due to the complexities involved re consideration of the different elements involved from a registration perspective

If you have the specific details DM them to me and I can take a look

Brodiebobs

https://forums.moneysavingexpert.com/discussion/comment/81971417#Comment_81971417

amazing thankyou I will.

unknownuser2u

That would make me a bit uneasy as well, especially if it’s sitting across part of the driveway.

From what you’ve described it sounds like a classic boundary/title discrepancy rather than genuinely “ownerless” land. The Land Registry map is only general boundaries, so it’s not unusual for small gaps or overlaps to show up when you compare plans, particularly with older properties that were originally on paper deeds.

I’d be a bit cautious about the idea that you’d need to wait decades for adverse possession. If the current owners have been using that strip continuously since the 70s as part of the driveway/garden, there may already be a case that it forms part of the title in practice, even if it’s not reflected properly on the map.

Before proceeding, I’d be asking your solicitor to explore a couple of things a bit further. One is whether the title plan can be corrected or updated based on the historic deeds and long use. Another is whether a statutory declaration from the current owners confirming continuous use of that strip could support an application to tidy up the title now rather than years down the line.

It’s also worth checking whether title indemnity insurance is an option. That won’t fix the issue, but it can sometimes satisfy lenders and future buyers if the risk is low but can’t be formally resolved straight away.

The bigger concern is exactly what your solicitor flagged. Not so much the strip itself, but whether it could cause problems when you come to remortgage or sell. If a mainstream lender might refuse it, that’s something to take seriously.

Personally, I wouldn’t panic, but I wouldn’t just rely on “it’ll probably be fine” either. I’d want a clear plan from the solicitor on how it’s going to be resolved or mitigated before you’re committed, especially given you’re planning to refinance fairly soon.