New land registration hearings rules

The Land Registration (Hearings Procedure) Rules 2000 came into force on 2 October 2000, at the same time as the Human Rights Act 1998.

These rules address all issues which are likely to arise in the period leading up to a hearing and give the registrar powers to deal with them.

The procedural framework set out in the rules is supplemented by more detailed guidance notes in specific areas - for example, the preparation of evidence for use at the hearing, the issue of witness summonses and an explanation of the procedures to be followed at the hearing itself.

The procedural rules embody the underlying principles contained in the Civil Procedure Rules, and in particular, specifically include the 'Overriding Objective'.

They also adopt the plain English terminology from the Civil Procedure Rules.

BackgroundThe Chief Land Registrar (through the Solicitor to HM Land Registry) has unlimited jurisdiction to hear and determine judicially all questions and disputes which arise in connection with any application or during any investigation of title.

These powers arose out of the report of the Royal Commissioners into the unsuccessful operation of the Land Registry Act 1862 and their recommendation received statutory force in the Land Transfer Act 1875.

The Land Registration Act 1925 contains provisions conferring jurisdiction to hear and determine objections to first registration and the power to summon witnesses and order production of certain documents.

Position before the new rules took effectThe judicial powers derived from the Land Registration Rules 1925.

Three rules, rule 35 (hearings of objection to registration), rule 220 (hearing of cautioner by the registrar) and rule 298 (hearing before the registrar) gave the registrar the power to conduct hearings and refer matters to the court.

No rules however existed governing the operation of those powers.

In practice, the Land Registry has endeavoured by correspondence to clarify and narrow the issues in dispute so that the matters to be determined by the registrar are clearly defined and recorded in advance of the hearing.

Although this informal approach has been largely workable over the years, there has been an increasing number of cases where this has caused difficulties, for example if the parties are uncooperative in the production of their evidence.

The new rules address this.

The rules in more detailPart 1 imports the Overriding Objective from Rule 1.1 of the Civil Procedure Rules and requires the registrar, with the assistance of the parties, to seek to give effect to that objective throughout the proceedings.

Part 2 requires the registrar to send a formal notice to the parties of his decision to hear the matter and inform the parties of the date and venue for the hearing.

The formal notice will mark the fact that the matter has become the subject of judicial proceedings and will trigger the operation of the procedure rules.

The notice will be accompanied by guidance and costs leaflets giving information on evidence and procedure leading up to the hearing.

Part 3 deals with the procedures leading up to the hearing and gives the registrar powers to give directions and impose sanctions to facilitate the pre-hearing and hearing process.

Part 4 deals with the hearings and provides that they are to be held in public.

The registrar is given the power, in the absence of either party, to hear and determine the matter or adjourn the hearing.

His decision must be recorded in an Order and he will give written reasons for his decision.

Queries and comments on this article should be addressed to Mike Westcott Rudd, Land Registrar, HM Land Registry, 32 Lincoln's Inn Fields, London WC2A 3PH, tel: 020 7917 5913.