appendix b:
adjudicator to HM Land registry

part i
Legislative Background and Functions

                  B.1               The Adjudicator to Her Majesty’s Land Registry (the “adjudicator”) is established by section 107 of the Land Registration Act 2002 (the “Act”).[1] The Lord Chancellor appoints the Adjudicator, and his or her purpose is to deal with disputes between parties under the Act. The adjudicator has two main roles. Firstly, determination of matters referred to under section 73(7), and the determination of appeals under paragraph 4 of Schedule 5 to the Act.[2] Further, the adjudicator may make, on application, any order that the High Court could make for the rectification or setting aside of certain documents regarding “qualifying dispositions”.[3]

                  B.2               Schedule 9 to the Act sets out matters relating to practicalities such as remuneration, staffing and so on. A number of provisions of the Act relating to the adjudicator allow for rules of procedure to be laid down by the Lord Chancellor.[4]

part ii
substantive jurisdiction

                  B.3               The jurisdiction of the adjudicator flows exclusively from the 2002 Act.

Jurisdiction Table

Act	Legislative Provision	Matter	Further Appeal
2002 Act	Section 73	Objection to an Application to the Registrar	High Court
2002 Act	Section 110(4)	Satisfaction of Equity in Adverse Possession	High Court
2002 Act	Paragraph 4 of Schedule 5 and Section 92	Appeals against the decision of the Registrar on the Land Registry Network	High Court (Only on a Point of Law)
2002 Act	Section 108	Rectification or Setting Aside of Certain Documents	High Court

 

Objection to an Application to the Registrar

                  B.4               Section 73 of the Act allows persons to object to an application to the registrar. The registrar must then give notice of the objection to the applicant, and the application may not be determined until the objection has been disposed of. However, these requirements do not apply if the registrar is satisfied the objection is groundless. If the registrar is unable to dispose of the objection by agreement, it must be referred to the adjudicator.

Satisfaction of Equity in Adverse Possession

               B.5               Paragraph 1 of Schedule 6 to the Act grants the right to apply to be registered as the proprietor of a registered estate in land to persons who have been in adverse possession for 10 years ending at the date of application. If a reference on this matter comes before the adjudicator under section 73, and he or she determines that, because of an equity by estoppel, it would be unconscionable for the registered proprietor to seek to dispossess the applicant, the adjudicator must determine how the equity due to the applicant is to be satisfied. For this purpose, the adjudicator may make any order that the High Court can make in the exercise of its equitable jurisdiction.

Appeals against the decision of the Registrar on the Land Registry Network

               B.6               Schedule 5 to the Act concerns the Land Registry Network, which is constituted by section 92 of the Act.[5] Access to the land registry network for non–members of the land registry is subject to the authorisation of the registrar. Paragraph 2 of Schedule 5 outlines the terms of access, and paragraph 3 concerns termination of access. Under paragraph 4, anyone who feels aggrieved by a decision of the registrar in these matters may appeal against the decision to the adjudicator. The adjudicator may give such directions as he or she considers appropriate.

Rectification or Setting Aside of Certain Documents

               B.7               The adjudicator may, on application, make any order which the High Court can make for the rectification or setting aside of a document which either: affects a qualifying disposition[6] of a registered estate or charge; is a contract to make such a disposition; or effects a transfer of an interest which is the subject of a notice in the register.[7] Such an order shall operate under the same general law, and have the same effects, as an order of the High Court.[8]

Part III
Territorial Jurisdiction

               B.8               The jurisdiction of the adjudicator flows exclusively from the Act. Therefore, the nature and extent of his or her territorial jurisdiction is identical to the Act, which is restricted to England and Wales.[9]

Part IV
Relationship With The Courts and Further Appeals

               B.9               There are two areas where there seems to be some element of joint jurisdiction between the adjudicator and the High Court. Under section 108(2) of Act, the adjudicator may make any order that the High Court could make for the rectification or setting aside of various documents. The High Court may exercise this jurisdiction over rectification of documents in the context of a case before it, brought on another matter. The same is true of the jurisdiction of the High Court to determine the satisfaction of equity due to an applicant under paragraph 1 of Schedule 6.

               B.10               Section 110 of the Act grants the adjudicator the power to direct a party to the proceedings to commence proceedings within a specified time in the court[10] in order to obtain the court’s decision on the matter.

               B.11               A person aggrieved by a decision of the adjudicator may appeal to the High Court. However, appeals made under paragraph 4 of Schedule 5 to the Act (that is, regarding the Land Registry Network) may be made only on a point of law.[11] If the matter under appeal concerns adverse possession,[12] the High Court must determine the same issue as the adjudicator, that is, how the equity due to the applicant is to be satisfied.