Determined boundary referred to First Tier Tribunal

Determined boundary referred to First Tier Tribunal

Postby LeeHoochie » Wed Aug 02, 2017 11:11 am

Hi all,

My first post, so apologies for my naivety :D

brief summary;

We applied for our boundary to be determined but our neighbor objected(i believe him to be in adverse possession).

We then received a further letter from the land registry asking whether we wanted to retract our application, proceed to tribunal or try to talk with our neighbor. We opted to talk and try to resolve it ourselves but our neighbor didn't.

So the land registry will now refer to the First Tier Tribunal but they can't confirm if it will be heard by the Tribunal or referred to a court. Also, they can't confirm what the costs will be by being referred to the First Tier Tribunal.

I have read the First-tier Tribunal user guide and it states their services are free? This has left me very confused as I've read horror stories of people representing themselves yet incurring costs of £20k+

My questions are;

- has anyone been referred to the First Tier Tribunal by the Land registry and what are the costs involved?
- What should I expect
- The tribunal also need to decide who is the applicant and who is the respondent (they may decide that the Objector at the Land Registry
should be the Applicant and that the Applicant at the Land Registry should be the Respondent
) could I become the respondent?


Many thanks

Lee :D
LeeHoochie
 
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Re: Determined boundary referred to First Tier Tribunal

Postby Roblewis » Wed Aug 02, 2017 11:35 am

If the neighbours do not agree the Land Registry and the tribunal do not ultimately have power to determine a boundary. A Judge can do so if necessary and after hearing the evidence, inclusive of a court appointed expert surveyor; if the two sides cannot agree on a joint expert. Costs of up to 50k are not unusual in contested cases.
Roblewis
 
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