Bringing Land Registration Cases to the First-Tier Tribunal

If you want to add to, correct or cancel entries on Land Registry titles to property, then you must apply to the Land Registry in the first instance.

If there is a dispute about the proposed change, then the matter may be elevated to a First-tier Tribunal, which is independent and will listen to both sides before making a decision.

What is the First-Tier Tribunal?

The First-Tier Tribunal (FTT) is a first instance tribunal that settles legal disputes and is structured around specific areas of the law. 

The FTT provides landlords and tenants, or freeholders and leaseholders, a means to resolve property disputes if other forms of dispute resolution have failed, such as mediation. 

What types of land law issues can be brought to the First-Tier Tribunal?

The First-Tier Tribunal hears a wide range of different law issues and disputes related to land law and agricultural and residential tenancies. 

Land law issues that can be brought to the FTT include:

• Disputes over a change to the land register 
• Applications to correct or cancel certain documents that are related to the registered land

Preparing a land registration case

To prepare a land registration case for the First-Tier Tribunal, you will need to gather all relevant evidence and documentation and clearly outline your arguments in what is known as a ‘Statement of Case’. You should identify the key issues related to what you’re disputing and have your evidence ready to support your position. 

Some of the documentation you can use as evidence include:

• Property plans and deeds
• Title deeds
• Surveyor reports
• Witness statements

You should be reviewing all of your evidence before the date of the case and ordering it in a clear and concise manner ready for your hearing. You will likely be asked questions too, so it’s a good idea to prepare a few responses accordingly. If relevant, you could also request a visit to the site in dispute. 

A few important points to consider include:

• Adhering to all time limits and deadlines outlined by the tribunal for filing documents and responding to requests 
• Maintaining clear and timely communication with the tribunal and other parties involved
• Making sure you understand the rules when it comes to evidence that is allowed in the tribunal 

When would a land registration dispute escalate to a First-tier Tribunal?

Typically, a land registration dispute would escalate to a First-Tier Tribunal when the parties involved cannot reach an agreement through negotiation or mediation. 

Sometimes, the Land Registry may deem the case too complex to be resolved internally and so it will be referred to the First-Tier Tribunal for a more formal hearing. In situations where someone alleges that a title deed is fraudulent or inaccurate, the FTT may be used to resolve the dispute. 

Do you need a solicitor to support in a First-Tier Tribunal?

While you don’t necessarily need a solicitor to support you during a First-Tier Tribunal, they can be extremely beneficial, especially if the case is complex or you aren’t fully aware of the law or your rights. 

If you need any help with this area of land law, our specialist dispute resolution team at AFG Law can help. We have years of experience helping clients to find resolutions in the most complex of cases and our team specialise in dealing with land and property investigation, disputes and litigation.

To find out more information on how our team can help you during First Tier Tribunals, or other issues related to Land Registration, get in touch with us today.