TCHCC – PART 61

By admin | Published 17/02/2022

The Battle for Broxhead Common

The Case for Hampshire County Council – PART 61
  1. The reply from IR which accompanies her final report of my complaint, makes it clear that any alterations to the Land Registry can only be made by the Judiciary. There would need to be a formal application and objection before the Land Registry could refer the matter to tribunal.
  2. In reply to my response to her draft report she says that normally the Land Registry retains a copy of notices in its files, but none could be found sent to Hampshire County Council! No evidence could be found that Land Registry had followed its usual procedure of notifying the Commons Registration Authority so that it’s records could be updated!
  3. Except we have seen that the notes of ALR1 record that this had in fact been done.
  4. IR can find no written guidance that common land protected by Sections 193/4 LPA 1925 was a matter for them to record, but only to inform the relevant commons registration authority if it appears land might be common land.
  5. She goes on to say that Land Registry has no duty to serve notice on anyone else; so if the registration authority was not aware then no one else would have been either and most importantly that includes the commoners.
  6. The Land Registration Act 2002, apparently changed the requirement for disclosable overriding interests. However the Act states:
    Scope of title registration
    1. This Act makes provision about the registration of title to—
    2. (a) unregistered legal estates which are interests of any of the following kinds—
    3. (i) an estate in land,
    4. (ii) a rent charge,
    5. (iii) a franchise,
    6. (iv) a profit a prendre in gross, and
    7. (v)any other interest or charge which subsists for the benefit of, or is a charge on, an interest the title to which is registered; and
    8. (b)interests capable of subsisting at law which are created by a disposition of an interest the title to which is registered.
    All of which, it seems to me would have applied to the registration of the
    Headley Wood Estate.
    2014 Land Registry Letter dated 23 September 2014 – Elizabeth Derrington


NEXT TIME: So what to do next?