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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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please can you explain the procedure after statement of cases

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please can you explain the procedure after statement of cases by both parties have been made to the land registry. We have been told there will be a hearing,

wingrovebuyer : Hello. Can you give a bit more background please?

My ex partner is trying to place a restriction on my property and I am objecting, we have both filled


out statement of case to the Property Chamber Land registration First Tier Tribunal


and now have been informed that there will be a hearing in a few months time, is this


normal procedure? I thought I had a strong case and was expecting them to


dismiss his application or maybe recommend that he instigate court proceedings.

wingrovebuyer : Hello, thanks. The First Tier Tribunal is a type of court, and hears cases relating to land registration disputes. Accordingly, they wouldn't direct this to a different court unless it involves matters outside their jurisdiction (ie non-property or registry related). So the procedure they have outlined is normal - the hearing seems to have been allocated to a date some time off, which is also normal. The Tribunal makes no judgments before hearing all the facts. However, if you think your ex's case is totally weak and doesn't stand a chance of success, you could ask the Tribunal to consider the statements of case and make s preliminary ruling. They may agree to do this. However, if they think he has an arguable case (this literally means arguable, and nothing more) they won't agree to this. Hope this helps.
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