header-logo header-logo

11 July 2014 / Nicholas Asprey
Issue: 7614 / Categories: Features , Property , Housing
printer mail-detail

The land trap

specialist_property_asprey

A recent decision has had a suprising effect on provisions for rectifying the land register. Nicholas Asprey reports

Schedule 4 to the Land Registration Act 2002 (LRA 2002) contains provisions for “alteration” of the land register, but Fitzwilliam v Richall Holdings Services Ltd [2013] EWHC 86 (Ch) concerns that species of alteration which is defined in para 1 as “rectification”, namely alteration which:

  1. involves the correction of a mistake; and
  2. prejudicially affects the title of a registered proprietor.

Paragraph 2 gives the court power to make an order for alteration of the register for the purpose of correcting a mistake. Paragraph 3 relates to rectification.

Paragraph 3(2) provides that no order may be made under paragraph 2 without the proprietor’s consent in relation to land in his possession unless (a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or (b) it would for any other reason be unjust for the alteration not to be made.

Paragraph 3(2) therefore gives special protection to

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll