This guide deals with costs involved in disputed applications to the registrar, in proceedings before the Land Registration division of the Property Chamber, First-tier Tribunal in connection with claims for indemnity and other general cost points. The guide is aimed at conveyancers.
Sections 1.1 and 1.2 have been amended to clarify what is meant by ‘proceedings before the registrar’ and the timeframe for making a rule 202 request.
Section 3.1.4 has been amended to clarify that if HM Land Registry gives consent to incur costs to parties in litigation, this is often because the facts and circumstances need to be decided in a judicial hearing before any decision can be made relating to HM Land Registry’s position. If consent is granted in such circumstances by the registrar, and the matter is later settled by agreement with no hearing take place and without consulting HM Land Registry, the registrar may take the view that some or all of the costs incurred were not reasonable, and refuse to pay them, and the question of payment of substantive indemnity may also be affected.
Section 1.2 has been amended to reflect that we no longer accept a request to the registrar to make an order by fax.