皇冠体育app

About this guide

This guide is designed to assist both applicants and objectors by giving an overview of the process the tribunal follows in respect of applications made to discharge or modify restrictions affecting land. It is not a substitute for consulting the legislation relating to your case, the rules, practice directions and practice statement, or from taking professional advice from a solicitor.

Depending upon the exact nature of the case, the tribunal may either direct that additional steps be taken or that certain steps be omitted.

皇冠体育app tribunal鈥檚 rules, practice directions, practice statement, forms, information about the fees it charges and its recent decisions are available on the tribunal鈥檚 website.

皇冠体育app tribunal鈥檚 staff can answer questions about the tribunal鈥檚 processes, but they cannot give you legal advice or advise you on what is best for your case. If you are in doubt, you should seek independent legal advice.

Once commenced, proceedings must be disposed of with all reasonable speed. 皇冠体育app tribunal will hear the case as soon as it can, but the parties must also do what is required of them within the timescales set. 皇冠体育app tribunal will allow a short stay of proceedings where the parties agree to seek alternative dispute resolution (ADR), such as mediation, but it will not normally delay the progress of a case simply to allow negotiations to continue.

If you cannot comply with a step or direction within the timescale set, you may apply to the tribunal for an extension of time. Extensions will be granted only where the applicant shows good reason. All applications during the course of the case, including applications for extensions of time, must be accompanied by the tribunal鈥檚 fee of 拢125 made payable to 鈥楬M Courts and Tribunals Service鈥�. 皇冠体育appy must also set out fully the reasons for the application and you must confirm that a copy of it has been sent to the other party.

Unless otherwise directed (either by the rules or by a specific direction) a party sending a document to the tribunal should send one copy only.

Getting the case started

Step 1

皇冠体育app applicant contacts the tribunal which sends the applicant the application form, explanatory guide and procedures.

Alternatively, the applicant can download the form and documents from the tribunal鈥檚 website.

Step 2

皇冠体育app applicant sends the application, its supporting documents and the lodging fee of 拢999 to the tribunal.

Step 3

皇冠体育app tribunal acknowledges the application and gives it a case number. 皇冠体育app applicant will also be sent a publicity notice pro-forma for completion and return to the tribunal for approval by a registrar.

Step 4

A registrar approves the publicity notice and gives directions for service of the notice. 皇冠体育app directions given will depend upon the circumstances of the case. Service may be directed to be carried out by a newspaper advertisement, a site notice, by posting, or a combination of any of the three methods. Alternatively, where it is appropriate to do so, the tribunal may direct the applicant to serve a copy of the application itself upon the owners of the land with the benefit of the restriction.

Step 5

皇冠体育app applicant serves the publicity notice or application in accordance with the service directions given.

Step 6

皇冠体育app applicant files a certificate of compliance with the service directions.

皇冠体育app certificate must be sent to the tribunal no earlier than 28 days after service of the publicity notice or application.

Step 7

If no objections are made to the application, go to No objections and determination without a hearing.

If an objection to the application is made, go to Where objections are made.

皇冠体育app claimant is given one month to respond.

Where objections are made

Step 8

皇冠体育app objector sends a notice of objection to the application and their statement of case to the tribunal and the applicant. 皇冠体育app objection may be made by using the objection form (available from the tribunal鈥檚 office or on the tribunal鈥檚 website) or by letter.

Notice of objection must be sent and received within one month of service of the publicity notices, site notice or newspaper advertisement. See rule 34(2) for guidance on what a notice of objection must contain. See practice direction 6.1 and 6.4 for guidance on statements of cases.

Step 9

皇冠体育app applicant must, within 14 days of receiving a notice of objection, send to the tribunal and the objector notice stating whether the applicant accepts that the objector is entitled to the benefit of the restriction subject of the application and why.

If the applicant does not accept the objector, go to Step 10.

If the applicant accepts the objector, go to Step 14. Any objector to whom the applicant does not send notice shall be admitted to oppose the application, go to Step 14.

Step 10

皇冠体育app objector must send to the tribunal and the applicant copies of their evidence (for example, deeds and documents) proving entitlement to the benefit of the covenant.

皇冠体育app objector must send the evidence so that it is received within 14 days of receipt of the applicant鈥檚 notice.

Step 11

皇冠体育app applicant must inform the tribunal within 14 days of receipt of the objector鈥檚 evidence whether or not the applicant accepts the objector鈥檚 entitlement to object.

If the applicant does not admit the objector鈥檚 entitlement to object, go to Step 12.

If the applicant admits the objector鈥檚 entitlement to object, go to Step 14.

Step 12

皇冠体育app tribunal will arrange and hold a hearing at which the objector鈥檚 entitlement to object is determined. If the tribunal decides the objector is entitled, go to Step 14.

If the tribunal decides the objector is not entitled, the objection is struck out 鈥� go to Step 13.

皇冠体育app applicant must pay the hearing fee of 拢624.

Step 13

An objector who has not been admitted by the tribunal may apply to the court for a declaration as to whom, if anyone is entitled to enforce the restriction. 皇冠体育app tribunal will stay the case until the objector鈥檚 application has been determined by the court.

皇冠体育app objector must make such application within 14 days of the tribunal鈥檚 decision.

Step 14

皇冠体育app tribunal will direct the parties to send to each other and to the tribunal their statements of cases within a period of time specified, or direct that the application and the notice of objection shall stand as the party鈥檚 statement of case.

Step 15

皇冠体育app parties send to the tribunal and exchange their statements of cases, where directed, within the period of time specified.

Step 16

皇冠体育app tribunal directs the parties to send to the tribunal and to exchange with each other the reports of any expert witnesses, and their own and the witness statements of other witnesses they intend to rely on.

皇冠体育app parties are usually given two months to send in and exchange their reports and witness statements.

Step 17

皇冠体育app parties send in and exchange their witness statements and experts鈥� reports (if they are calling any).

Step 18

皇冠体育app tribunal sends the applicant and the objector listing questionnaires asking about their availability dates for the final hearing, a time estimate for it, and their preferred venue.

皇冠体育app parties will be asked to reply within 14 days.

Step 19

皇冠体育app parties reply to the listing questionnaires and the tribunal fixes the final hearing. If a party does not reply in good time, the hearing could be fixed on a date and at a venue which may be inconvenient to them.

Step 20

皇冠体育app final hearing is fixed and takes place. 皇冠体育app tribunal鈥檚 decision is normally reserved, that is, it is not given at the conclusion of the hearing.

皇冠体育app applicant must pay the final hearing fee of 拢1,249.

Step 21

皇冠体育app tribunal sends a copy of its written decision to all the parties. 皇冠体育app parties are invited to send in written submissions as to who should bear the costs of the proceedings.

Costs submissions must be sent to the tribunal within 14 days of their being requested.

Step 22

皇冠体育app tribunal considers the submissions received and makes a decision on the costs of the proceedings. It is incorporated as an addendum to the main decision and sent to the parties. 皇冠体育app decision takes effect from this point.

Step 23

If the application is granted, a final order is drawn up by the tribunal and sent to the applicant. If compensation is awarded to an objector, it must be paid first. 皇冠体育app applicant lodges the order with His Majesty鈥檚 Land Registry.

皇冠体育app applicant must pay the tribunal鈥檚 fee of 拢41 for the final order.

Step 24

If no costs order is made the matter ends here.

Step 25

If a costs order is made, the parties must first try to agree those costs between themselves, but if they can鈥檛 agree them they can ask the registrar to assess what amount should be paid by way of the detailed assessment of costs procedure.

Step 26

皇冠体育app parties will be sent a detailed assessment of costs procedure if a costs order is made, or a copy of it may be downloaded from the tribunal鈥檚 website.

No objections and determination without a hearing

Step A

If no objections are made to the application, the tribunal will ask the applicant if they wish the application to be determined without a hearing.

Step B

If the applicant says yes, the tribunal will determine the application without a hearing. If the tribunal feels it needs further information, it will request it before the application is determined. Go to Step G.

皇冠体育app applicant must pay the determination fee of 拢275.

Step C

If the applicant says no, the applicant is directed to file their evidence in support of the application.

Step D

皇冠体育app tribunal sends a listing questionnaire to the applicant asking about their availability dates, time estimate for the hearing and preferred venue.

Step E

On receipt of the answers to the questionnaire, the tribunal fixes the hearing of the application.

Step F

皇冠体育app hearing of the application takes place.

Step G

If the application is granted, a final order is drawn up by the tribunal and sent to the applicant. 皇冠体育app applicant lodges it with His Majesty鈥檚 Land Registry. If the application is refused, an order recording the decision is sent to the applicant.

皇冠体育app applicant must pay the tribunal鈥檚 fee of 拢41for the final order.