Silkstone & Anor v Tatnall [2010] EWHC 1627 (Ch) (02 July 2010)

A party cannot unilaterally withdraw an objection once the matter is referred to the Adjudicator; the Adjudicator retains jurisdiction to determine the matter and is not required to accept or reject a withdrawal of objection. The Adjudicator's sole function is to determine the proceedings before him, and withdrawal from participation does not deprive him of jurisdiction.

Citation: [2010] EWHC 1627 (Ch)
Parties: Appellant: Leonard Stuart Silkstone; Appellant: Gary Greville Silkstone; First Respondent: Simon Derek Tatnall; Second Respondent: Chief Land Registrar
Jurisdiction: England and Wales
Judgment Date: 02 July 2010
Procedural Posture: Appeal From Adjudicator to HM Land Registry / Judgment on Appeal
Outcome: Appeal dismissed
Legal Topics: Unilateral Notice, Right of Way, Withdrawal of Objection, Land Registration Act 2002, Adjudicator's Powers

Property Law Land Registration Unilateral Notice Right of Way Withdrawal of Objection Land Registration Act 2002 Adjudicator's Powers

Case Brief

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Parties

Leonard Stuart Silkstone

Appellant

Gary Greville Silkstone

Appellant

Simon Derek Tatnall

First Respondent

Chief Land Registrar

Second Respondent

Procedural Posture

Appeal From Adjudicator to HM Land Registry / Judgment on Appeal

Legal Issues

1 Whether the Adjudicator can refuse permission to withdraw from proceedings before the Adjudicator
2 Whether the Adjudicator has jurisdiction to decide the matter on the merits after a purported withdrawal of objection

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed; order to give effect to the application to cancel the unilateral notice and to note rights of entry for maintenance and repair on both titles.