You may get a letter (sometimes called a notice) from HM Land Registry if someone applies to register a change that affects your property, for example if your neighbour wants to add a right of way that crosses part of your garden.
In some cases the application will be about historical rights, including:
- mine and mineral rights - the rights to mines and their contents underneath your property
- chancel rights - the requirement for you to contribute to local church repairs
- manorial rights - the rights of the lord of a manor to the land surrounding the manor
Object to an application
You need to write a letter explaining why you object to the application, for example if you think the rights no longer exist or would cause you problems accessing your property.
You can get a conveyancer or solicitor to help prepare your letter.
Send your letter to the HM Land Registry office named in your notice before the time limit given.
HM Land Registry will provide copies of everything they receive to both sides involved in the dispute. You shouldn’t send confidential letters or documents to support your case.
If HM Land Registry decides your objection could be argued in court you’ll be given time to come to an agreement with the applicant, for example to get them to change or withdraw the application.
You must keep HM Land Registry updated on your progress if you choose to negotiate - they’ll contact you at regular intervals.
You can get advice from HM Land Registry but they can’t give you their opinion or make a decision on the case.
If you can’t reach an agreement
HM Land Registry will refer the case to a tribunal if you can’t agree in a reasonable time or don’t want to negotiate.
The tribunal may:
- make a decision without further information
- ask for your comments in writing
- hold a hearing - you may have to attend
- tell you or the applicant to go to court
You can get legal advice if you need it.
Once a decision’s been reached the tribunal or the court will order HM Land Registry to accept or reject the application. You’ll be told the result.