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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

3. An opportunity to negotiate

3. An opportunity to negotiate

Many disputes are settled by agreement and HM Land Registry recognises this. But we must also remember our obligation to refer a matter to the tribunal if the parties are unable to resolve their dispute by agreement. Section 73(7) of the Land Registration Act 2002 says that HM Land Registry must refer any case where “it is not possible to dispose by agreement of an objection”.

We will, therefore, when we give notice of the objection also ask all parties to:

  • state whether they wish to negotiate
  • confirm that they consider that it may be possible to reach an agreement

All parties must give this confirmation; otherwise the case will be referred to the tribunal immediately. The cooperation of all parties is needed to achieve a settlement.

If all parties to the dispute agree that they would like to negotiate to try to reach agreement, a specified time, usually 6 months (which is considered to be a reasonable time for negotiations to be concluded), will be allowed for the negotiations.

During the 6-month negotiation period we will contact the parties twice more. First after 3 months we will contact the parties to ask about progress in the negotiations. If, at that stage, it appears that there is no possibility of agreement being reached the matter will be referred to the tribunal at that point.

If negotiations are progressing and the possibility of agreement still exists we will not refer the matter to the tribunal but will contact the parties again after 5 months to check that negotiations are still being undertaken, and to remind the parties that the negotiation period will expire in one months’ time. At that time we will also send a draft case summary to the parties (see The case summary).

Any of the parties to a dispute can ask for the matter to be referred to the tribunal at any time.

We will not usually extend the period allowed for negotiations unless exceptional circumstances justify our doing so.

Once the matter has been referred to the tribunal, the parties cannot withdraw their application/objection without the tribunal’s agreement. The tribunal has discretion to decide how any withdrawal should be dealt with.

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