Practice guide 37: Objections and disputes, a guide to Land Registry practice and procedures
4. The role of HM Land Registry
4. The role of HM Land Registry
If we consider it to be appropriate, we will express our views on the relative merits of each party’s case. We hope our experience and impartial position will prove to be helpful but the parties are free to accept, refute or ignore what we say.
But it is important to remember that the views expressed by any member of HM Land Registry will not be binding on the tribunal, should it eventually determine the matter. Nor will they be binding on a judge should one of the parties choose to commence court proceedings or do so following a direction from the tribunal. We will not usually send the tribunal copies of any such correspondence which contains such views. It will only be available to the courts if it is produced in evidence at the hearing. There are special rules regarding evidence that apply in the courts and at hearings before the tribunal. The parties will need to consider these rules should the matter reach that stage.
It is also important that each party is aware of all the other parties’ arguments and evidence. As a result we cannot enter into any confidential discussions. Any communications or supporting documents sent to HM Land Registry are likely to be disclosed to the other parties even if marked ‘confidential’. Where it is apparent that a party is unaware of this policy and has supplied a communication or supporting document ‘in confidence’, that party will be given an opportunity to withdraw it but if they do not do so, disclosure may take place irrespective of any confidential marking. It is anticipated that most objectors will be aware of our policy on information supplied in confidence as it is set out in the explanatory notes that accompany most HM Land Registry notices.
