header-logo header-logo

The land trap

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll