Help with understanding a Land Registry document regarding Adverse Possession

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    Help with understanding a Land Registry document regarding Adverse Possession

    My solicitors have forwarded on a land registry document called Application Enquiry. In the Application Progress box it says:

    DELAYED
    Requisition issued on (date)
    Warning of Cancellation issued on (date)
    Requisition issued on (date)
    Notice issued on (date)
    Expires on (date)

    I think the "warning of cancellation" relates to Land Reg asking my solicitor to resend my declaration. I think the "notice" is the letter the Land Reg sent to the owner of the piece of land in question. I think the "expires on" is the 65 working days the owner of the piece of land had to appeal, but can anyone confirm this for me? What does it actually mean? Is the land now mine? I'm struggling to get an answer from my solicitor.

    #2
    Yes, notice is the letter(s) that HMLR send to the registered owner who has 65 days.

    I guess now is a good time to submit....

    Practice direction 4 may assist you and other readers to this topic https://www.gov.uk/government/public...egistered-land

    Comment


      #3
      Without full details it is not possible to comment.

      You need to be firm with your solicitor and insist on a response.

      Comment


        #4
        Hello wfd_property - when you say now is a good time to submit, what am I submitting? The solicitor had already applied for the adverse possession, so is there a next step I now need to take? We had done the declaration thing. He had advised that together we would apply for the adverse possession, submit the declaration, the land reg would write to the owner who had the 65 days to appeal, and after that we'd either go to court or not depending on the outcome of the letter to the owner and whether my application was appealed or not...

        Thanks ever so much.

        Comment


          #5
          Hello Lawcruncher,

          Yes, I've emailed him saying "I am asking you..." He's very difficult to get hold of... Thanks again.

          Comment


            #6
            Originally posted by EB1 View Post

            Hello wfd_property - when you say now is a good time to submit, what am I submitting?
            Sorry. I was just meaning it as a general comment.

            Comment


              #7
              Originally posted by EB1 View Post
              Yes, I've emailed him saying "I am asking you..." He's very difficult to get hold of...
              Whatever the nature of the job, there has to come a point when your solicitor must respond. Your terms of enagagement should set out a complaints procedure; contact the designated person. Failing that, contact the senior partner.

              Comment


                #8
                Thanks ever so much everyone.

                Comment


                  #9
                  I find the whole concept of adverse possession to be utterly against human property rights! Either ownership gives us perpetual and secure title, or it is not ownership.

                  AP is like something out of the middle ages - quite appalling.

                  Hey, let's all go round and nick everyone else's property, shall we?! I want Buck Palace for mine!

                  Comment


                    #10
                    No interest in land is in fact perpetual. The largest estate in land is the fee simple which belongs to the owner and his heirs (to be understood as "and then his heirs"). If you die without heirs the fee simple comes to an end.

                    Ignoring that technicality, there are two main reasons why the law allows ownership of land to be acquired by adverse possession.

                    The first is that it is a necessary corrective to the deficiencies of the conveyancing system. Very basically, landowners need to know that they own what they think they have bought and are in possession of. They do not want to dispossessed because the plan on a conveyance is wrong or because someone moved a fence before they bought.

                    Secondly, land is a finite resource. Land should not go unused because the owner has himself failed to make use of it.The law does allow an owner more than reasonable time to assert his rights. In practice, I suspect that most land claimed by adverse possession is either odd bits left over on an estate or else belongs to someone who is unaware he owns it.

                    It is also the case generally that anyone in possession of anything is entitled to retain it until someone else can show a better title.There has to come a time when a person knows where he stands and that is why we have the law of limitation.

                    Comment


                      #11
                      Originally posted by Lizbeth View Post
                      I find the whole concept of adverse possession to be utterly against human property rights! Either ownership gives us perpetual and secure title, or it is not ownership.

                      AP is like something out of the middle ages - quite appalling.

                      Hey, let's all go round and nick everyone else's property, shall we?! I want Buck Palace for mine!
                      But if property has been forgotten about and isnt being used.....

                      Comment

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