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Due to a very problematic but should have been pretty straight forward purchase and sale with my buyer a cash buy no property to sell and my purchase an empty property I thought it might be helpful to go through my experience of adverse possession
My buyers need completion for 7th December latest. As it's such a straight forward chain then that date should be fine... tentatively arrange removal of furniture and make arrangements as we have a small holding with lots of animals
Just a small back story:
8th October mem of sale received
15th October money sent to my solicitor to do searches
15th October my buyers checking title plan
16th October my solicitor chasing vendors PA's solicitor for contract
22nd October Vendors PA's solicitor states that as the house is unregistered and some confusion with title plan no contract can be forwarded as yet
22nd October I answer all enquiries from my buyer
22nd October. Previous vendors PA's solicitor sends over to new solicitor deeds to my purchase
29th October Vendors PA's solicitor sends across OS map to confirm what is on the ground. I agree
29th October I instruct my solicitor to carry on with searches as no finance required
30th October Protocol forms received
At some point papers have been forwarded to Land Registry we believe to be a first registration form but not sure at this point and no communication from Vendors PA's solicitor but LR have agreed to expedite
5th November Amazingly registered at LR but after checking the title plan it is in correct , immediately contact my solicitor to tell her it's all wrong and the land attached to the house is not included on the plan
6th November My solicitor contacts Vendors PA's solicitor to tell them it is wrong and totally different from the OS map they sent previously
6th November Vendors PA's solicitor states tat her client is happy with what is registered and it is correct. I will have to now withdraw my offer as the land is what was important and the house isn't worth anything near what it was on the market for. Very upset at this point as we will now probably lose our buyer as they wanted completion for Dec 7th
6th November advised by my solicitor to start looking for an alternative property but for our budget in a very expensive area and having specific requirements is nigh on impossible
20th November Vendors PA's solicitor has been working on evidence when PA's realised they have probably made a mistake and getting the statement of truth sent as LR may do an amendment
20th November my solicitor emails Vendors PA's solicitor that we need this in at LR by end of day for completion Dec 7th. We had confirmation it has been submitted
26th November I find out from LR it has to go to an adverse possession application
26th November my buyer exchanges contracts and still has a completion date for 7th December
3rd December Site visit required by LR and my buyers pull out. I believed it to be posturing so put my house back on the market immediately . Within a couple of hours my buyers want to stay on board
10th December Land Registry do their site visit
From what we are told then the report should be with the LR legal team within 48 hours for them to make a judgement
17th December last and final stage where neighbours are contacted to see if they have any objection to the new title plan. There is a 15 day window for responses , if nothing is received within those 15 days then the registration can go ahead .. a very nail biting wait . January 9th is deadline day
24th `December My daily check on LR and lo and behold the land has been registered... correctly this time . Sadly nothing can be done before xmas
27th December my solicitor is back but no one else until 3rd January
4th January everyone expecting exchange but Vendors PA's want time to check the title plan again ..a long weekend lay ahead and really disappointed at the delay as they have caused the mistake in the first place.
7th January exchange finally takes place for completion on 14th January
My buyers need completion for 7th December latest. As it's such a straight forward chain then that date should be fine... tentatively arrange removal of furniture and make arrangements as we have a small holding with lots of animals
Just a small back story:
8th October mem of sale received
15th October money sent to my solicitor to do searches
15th October my buyers checking title plan
16th October my solicitor chasing vendors PA's solicitor for contract
22nd October Vendors PA's solicitor states that as the house is unregistered and some confusion with title plan no contract can be forwarded as yet
22nd October I answer all enquiries from my buyer
22nd October. Previous vendors PA's solicitor sends over to new solicitor deeds to my purchase
29th October Vendors PA's solicitor sends across OS map to confirm what is on the ground. I agree
29th October I instruct my solicitor to carry on with searches as no finance required
30th October Protocol forms received
At some point papers have been forwarded to Land Registry we believe to be a first registration form but not sure at this point and no communication from Vendors PA's solicitor but LR have agreed to expedite
5th November Amazingly registered at LR but after checking the title plan it is in correct , immediately contact my solicitor to tell her it's all wrong and the land attached to the house is not included on the plan
6th November My solicitor contacts Vendors PA's solicitor to tell them it is wrong and totally different from the OS map they sent previously
6th November Vendors PA's solicitor states tat her client is happy with what is registered and it is correct. I will have to now withdraw my offer as the land is what was important and the house isn't worth anything near what it was on the market for. Very upset at this point as we will now probably lose our buyer as they wanted completion for Dec 7th
6th November advised by my solicitor to start looking for an alternative property but for our budget in a very expensive area and having specific requirements is nigh on impossible
20th November Vendors PA's solicitor has been working on evidence when PA's realised they have probably made a mistake and getting the statement of truth sent as LR may do an amendment
20th November my solicitor emails Vendors PA's solicitor that we need this in at LR by end of day for completion Dec 7th. We had confirmation it has been submitted
26th November I find out from LR it has to go to an adverse possession application
26th November my buyer exchanges contracts and still has a completion date for 7th December
3rd December Site visit required by LR and my buyers pull out. I believed it to be posturing so put my house back on the market immediately . Within a couple of hours my buyers want to stay on board
10th December Land Registry do their site visit
From what we are told then the report should be with the LR legal team within 48 hours for them to make a judgement
17th December last and final stage where neighbours are contacted to see if they have any objection to the new title plan. There is a 15 day window for responses , if nothing is received within those 15 days then the registration can go ahead .. a very nail biting wait . January 9th is deadline day
24th `December My daily check on LR and lo and behold the land has been registered... correctly this time . Sadly nothing can be done before xmas
27th December my solicitor is back but no one else until 3rd January
4th January everyone expecting exchange but Vendors PA's want time to check the title plan again ..a long weekend lay ahead and really disappointed at the delay as they have caused the mistake in the first place.
7th January exchange finally takes place for completion on 14th January
