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Practice guide 37: Objections and disputes, a guide to Land Registry practice and procedures

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Practice guide 37: Objections and disputes, a guide to Land Registry practice and procedures

1. Background

1. Background

HM Land Registry may not be able to complete an application because someone has raised an objection. With a couple of exceptions, section 73(1) of the Land Registration Act 2002 gives anyone the right to object to an application.

An objection must be made in writing, which includes email provided the email is sent to the email address set out in the notice. The objection must set out the grounds for the objection (rule 19 of the Land Registration Rules 2003). In some circumstances it may be possible to extend the period for responding/objecting to a notice, provided the application has not been completed. It is recommended that any request for an extension of time should be made before the expiry date of the notice.

If the registrar is satisfied that the objection is groundless, the application will not be affected (section 73(6) of the Land Registration Act 2002). Otherwise, the registrar must give notice of the objection to the applicant and the application cannot be completed until the objection has been disposed of (section 73(5) of the 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, the applicant may withdraw their application or the objector may withdraw their objection. If that does not happen, the registrar has no option but to refer the matter to the Land Registration division of the Property Chamber, First-tier Tribunal (the tribunal).

On 1 July 2013 the tribunal replaced the role of the Adjudicator to HM Land Registry. One of its roles is to determine disputes arising from objections. The tribunal is totally independent of HM Land Registry. Once a matter has been referred to the tribunal, it will be governed by its own rules and procedure (Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and practice directions issued by the Senior President of Tribunals (30 July 2013). An overview of the tribunal’s procedures can be found on the GOV.UK website.

The tribunal will normally hold a hearing but does have the power to direct one of the parties to commence court proceedings instead (section 110(1) of the Land Registration Act 2002).

In certain circumstances, which are set out in the tribunal procedure rules, the tribunal can also determine a dispute without holding a hearing.

This practice guide covers the period from receipt of an objection to the referral of a dispute to the tribunal.

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