When is the deadline for counter notice requiring the application to be dealt with under paragraph 5 (form nap)?
The catalogue records a 65 working-days period from Date of issue of the registrar's notice under Schedule 6, paragraph 2. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 65 working-days
- Trigger
- Date of issue of the registrar's notice under Schedule 6, paragraph 2
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None. Rule 189 contains no extension power - there is no request mechanism as there is under rules 53, 86 and 119. The only route to more time is rule 216A(4)(b) (certified interrupted working day), which is not disapplied for rule 189 by rule 216A(5). Practice guide 4 confirms the objector "will lose the opportunity to request that the application be dealt with under paragraph 5 once the 65 working day notice period has expired".
- This is the single most consequential deadline in registered land adverse possession. If no counter notice is served, Schedule 6, paragraph 4 applies: "If an application under paragraph 1 is not required to be dealt with under paragraph 5, the applicant is entitled to be entered in the register as the new proprietor of the estate." The registered proprietor simply loses the lan