header-logo header-logo

Land registration: the meaning of mistake

29 March 2018 / Amy Proferes
Issue: 7787 / Categories: Features , Property
printer mail-detail
nlj_7787_proferes

The inevitable lot of mankind? Amy Proferes on ‘mistake’ in Schedule 4 of the Land Registration Act 2002

  • Clarity on the meaning of mistake.
  • Rectification will be sparingly exercised, and applications should be carefully considered prior to issue.

Schedule 4 of the Land Registration Act 2002 (LRA 2002) allows the court to order alteration of the Land Register for the purpose of correcting a mistake, bringing the register up to date, or giving effect to any estate, right or interest excepted from the effect of registration. Under paragraph 1 an alteration involving the correction of a mistake and prejudicially affecting the title of a registered proprietor is deemed to be rectification, rather than simple alteration. This distinction is significant. Rectification against a proprietor in possession who does not consent will only be ordered if he has caused or substantially contributed to the mistake by fraud or lack of proper care, or if it would be otherwise unjust not to make the order. Such ‘qualified indefeasibility’ therefore prefers an innocent transferee who is in possession of the land. In addition, a proprietor

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure...

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS
Law school partners with charity to give free assistance to litigants in need
Magic circle firms, in-house legal departments and litigation firms alike are...
Walkers and runners will take in some of London’s finest views at the 16th annual...
Law school partners with charity to give free assistance to litigants in need
Could the Labour government usher in a new era for digital assets, ask Keith Oliver,...
back-to-top-scroll