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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

2. The objection

2. The objection

When we receive an objection we will first consider whether or not the objection has any chance of success. If it cannot possibly succeed, whether on the facts or the law, the objection will be considered groundless and will be cancelled, allowing the application to be completed. This is because an application is not affected by an objection that is groundless (section 73(6) of the Land Registration Act 2002). In some cases, we may defer completion of an application to allow an objector to clarify their grounds of objection or provide further information to show their objection is not groundless.

Once we have established that an objection is not groundless, we will give details of the objection to the applicant. At the same time we will put certain options to both the applicant and the objector.

The 4 options open to the parties are:

  • the applicant may withdraw the application
  • the objector may withdraw the objection
  • the parties may decide to negotiate to see whether they can reach an agreement as to how the objection is to be dealt with and how the application is to be completed
  • one of the parties may decide to commence court proceedings – see Court proceedings

If there is no prospect of the parties reaching agreement, the matter must be referred to the tribunal.

Section 77 of the Land Registration Act 2002 imposes a duty not to object to an application without reasonable cause; anyone in breach of this duty may be liable in damages to anyone who suffers loss in consequence.

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