Tanfield attending MIPIM 2018

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An important decision regarding the implication of terms of good faith in

This article explores the procedural pathways for applications concerning issues like adverse possession or the rectification of the register under the Land Registration Act 2002 (LRA 2002), which can be determined administratively or referred to the First Tier Tribunal (FTT). It considers the critical question of what recourse an applicant has after their application is rejected by the Land Registry without a tribunal hearing. Using the Ainscough case as a detailed example, this article analyses why a subsequent attempt to litigate the same issue in court was dismissed as an abuse of process. The discussion highlights the potential procedural pitfalls for disappointed applicants, emphasising the limited options and strict timeframes for challenging an administrative decision and illustrating that there may be no “second bite at the cherry”.