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
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