REF/2011/65

 

ADJUDICATOR TO HER MAJESTY’S LAND REGISTRY

LAND REGISTRATION ACT 2002

 

IN THE MATTER OF A REFERENCE FROM HM LAND REGISTRY

 

BETWEEN

 

THE COUNCIL OF THE BOROUGH OF TORBAY

 

APPLICANT

 

and

 

(1)   TRACY ANN WESTWOOD

(2)   HAROLD FRAMPTON

(by his attorney Tracy Ann Westwood)

 

RESPONDENTS

 

Property Address: 34 Forest Road Torquay TQ1 4JR

Title Numbers: DN2133

Made by: Mr. Michael Mark sitting as Deputy Adjudicator to HM Land Registry

___________________________________________________________________________­

 

Upon the Applicant failing to file evidence by 5 September 2011 as set out in paragraph 4(3) of the order dated 5 August 2011

 

And upon the Second Respondent by his attorney failing to serve a Statement of Case in accordance with paragraph 3 of that order

 

And upon the Respondents failing to file any evidence as to the extent of the Second Respondent’s beneficial interest in the above property

 

The Adjudicator to Her Majesty’s Land Registry directs the Chief Land Registrar to reject the Applicant’s application but in the event that the Applicant applies to register a new charge over The Second Respondent’s beneficial interest in the property pursuant to section 22(7) of the Health and Social Services and Social Security Adjudications Act 1983, then the Chief Land Registrar should reject any objection to it based on the lawfulness of the Applicant’s actions as groundless.

 

By Order of The Adjudicator to HM Land Registry

 

dated the 13^th day of September 2011