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Land Registration Act 2002

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This is the original version (as it was originally enacted).

110Functions in relation to disputes

This section has no associated Explanatory Notes

(1)In proceedings on a reference under section 73(7), the adjudicator may, instead of deciding a matter himself, direct a party to the proceedings to commence proceedings within a specified time in the court for the purpose of obtaining the court’s decision on the matter.

(2)Rules may make provision about the reference under subsection (1) of matters to the court and may, in particular, make provision about—

(a)adjournment of the proceedings before the adjudicator pending the outcome of the proceedings before the court, and

(b)the powers of the adjudicator in the event of failure to comply with a direction under subsection (1).

(3)Rules may make provision about the functions of the adjudicator in consequence of a decision on a reference under section 73(7) and may, in particular, make provision enabling the adjudicator to determine, or give directions about the determination of—

(a)the application to which the reference relates, or

(b)such other present or future application to the registrar as the rules may provide.

(4)If, in the case of a reference under section 73(7) relating to an application under paragraph 1 of Schedule 6, the adjudicator determines that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but that the circumstances are not such that the applicant ought to be registered as proprietor, the adjudicator—

(a)must determine how the equity due to the applicant is to be satisfied, and

(b)may for that purpose make any order that the High Court could make in the exercise of its equitable jurisdiction.

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