Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors - Land Registry Dispute Resolution / Litigation
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.
Abbreviations and terms used:
In this guide:
'LRA 1925' means the Land Registration Act 1925 as amended;
'LRR 1925' means the Land Registration Rules 1925;
'LRA 2002' means the Land Registration Act 2002;
'LRR 2003' means the Land Registration Rules 2003;
'the referral to the Adjudicator rules' means the Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003;
'the Adjudicator rules' means the Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003;
'the Adjudicator' means the Adjudicator to HM Land Registry.
The Land Registry notes state:
Land Registry may not be able to complete an application submitted by Property Lawyers and Conveyancing Solicitors because someone has raised an objection. With a couple of exceptions, section 73(1), Land Registration Act 2002 gives anyone the right to object to an application. An objection must be made in writing and must set out the grounds for the objection (rule 19 Land Registration Rules 2003).
If the Registrar is satisfied that the objection is groundless, the application will not be affected (section 73(6) Land Registration Act 2002). Otherwise, the Registrar must give notice of the objection to the Property Lawyers and Conveyancing Solicitors for the applicant and the application cannot be completed until the objection has been disposed of (section 73(5) Land Registration Act 2002).
There are a number of ways in which the objection can be disposed of. The parties may reach an agreement as to how the application is to proceed. Alternatively, one party or another may withdraw their application or objection. If that does not happen, the Registrar has not option but to refer the matter to the Adjudicator.
This is a new post created by the Land Registration Act 2002 and one of the rules of the Adjudicator is to determine disputes arising from objections. The Adjudicator is appointed by the Lord Chancellor and is totally independent of Land Registry. Once a matter has been referred to him, it will be governed by the Adjudicator's own rules and procedures.
The Adjudicator will normally hold a hearing, but he does have the power to direct one of the parties to commence Court proceedings instead (section 110 (1) Land Registration Act 2002).
In certain circumstances, which are set out in the Adjudicator rules (the Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003) the Adjudicator can also determine a dispute without holding a hearing.
We cover the period from receipt of an objection to the referral of a dispute to the Adjudicator.
It only relates to disputes arising out of objections made on or after 13 October 2003, where there is no other objection pending that was made before than date. (The date on which the application was made is not relevant for these purposes and the position is slightly different if the objection relates to an application made before 13 October 2003 to warn off a caution.)
The matter will still be governed by the Land Registration Act 1925, the Land Registration (Hearings Procedure) Rules 2000 and the Land Registration (Conduct of Business) Regulations 2000 if either:
- the objection was made before 13 October 2003;
- there is an earlier objection that was made before that date;
- the objection relates to an application to warn off a caution where notice of the application was issued to the cautioner before that date.
This means that, if the parties cannot resolve the matter by agreement, it will be referred to the Director of Legal Services or one of his deputies.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . continued on page 2 (Property Lawyers and Conveyancing Solicitors in Manchester - Land Registry Dispute Resolution / Litigation page 2)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
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