With the creation of the new Property Chamber to unify the jurisdiction of all property related tribunals, this work examines the issue of land registration and how applications are made, heard and 'if necessary' judicially reviewed. The authors cover the practice and procedure of the hearing, evidential questions, and the basis of title in a clear and accessible manner. An absolute must for anyone dealing with conveyancing or property issues.
This successor to the authors previous work 'A Practical Guide to Land Registry Adjudication' brings the area right up to date.
Commentary: 1. Introduction; 2. Overview of the Land Registration system; 3. Applications and Objections to Land Registry; 4. Judicial Review of the Registrar's decisions; 5. The Property Chamber of the First-Tier Tribunal; 6. Referrals by Land Registry; 7. Procedure on Receipt of a Reference; 8. Court Proceedings; 9. Statements of Case; 10. Disclosure, witness statements and evidence; 11. Case Management; 12. Preliminary Issues and Summary Disposal; 13. General Points of Procedure; 14. Mediation, Withdrawal and Settlement; 15. Preparing for the Hearings; 16. Site Views; 17. Hearings; 18. Decisions and orders; 19. Costs and Assessment; 20. Setting aside, reviews and appeals; 21. Enforcement of orders; 22. Tips on Particular Cases; 23. Network Access Agreement Appeals; 24. Rectification and Setting Aside of Documents. Appendices: 1. Land Registration Act 2002, Part 11, as amended; 2. Tribunals Courts and Enforcement Act 2007, ss 9, 11, 12 and 13.; 3. Civil Procedure Rules 1998, Part 54; 4. Pre-action Protocol for Judicial Review; 5. Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003, as amended; 6. Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003, as amended; 7. The First-tier Tribunal and Upper Tribunal (Chambers) Amendment) Order 2013; 8. The Transfer of Tribunal Functions Order 2013; 9. The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; 10. The Tribunal Procedure (Upper Tribunal) Rules 2008, as amended; 11. The First-tier Tribunal (Property Chamber) (Land Registration Division) Practice Directions; 12. Precedents: Judicial Review; 13. Precedents: Applications and Objections to Registrar; 14. Precedents: References from Land Registry to the Tribunal; 15. Precedents: Network Access Agreement Appeals from Land Registry to the Tribunal. 16. Precedents: Rectification and Setting Aside of Documents by the Tribunal; 17. Precedents: Court Proceedings; 18. Procedural Tables and Check lists.