Alteratiom And Rectification Of The Land Register Flashcards
Walker v Burton (2013)
There had been no lack of care by the defendants in registering the land and it was not unjust to refuse to alter
Knights Construction V Roberto Mac - Alteration
The respondent was not in possession of the land for the purposes of paragraph 6 of schedule 4 to the LRA 2002. By virtue of paragraph 3 of Schedule 3 to the LRA 2002 , the applicant was entitled to have the register altered to remove the land from the Respondent’s title.
Facts : The Salvation Army mistakenly applied for first registration of a freehold interest in land that belonged to KC ; and SA later sold the land to RM. This was a void disposition as the SA did not have title , but there had been no fraud, and RM had purchased the land in good faith and for valuable consideration. KC applied for rectification. It was held that KC was entitled to rectification of RM’s registered title so as to exclude the disputed land . RM was entitled to compensation from the Land Registry .
Derbyshire County Council v Fallon and Another
“In the normal course of things it is preferable for the register to be altered so as to be more accurate even if the alteration simply consists of moving a general boundary from one position to another”, but the Land Registrar has discretion to take into account the particular circumstances of each case : Mr Christopher Nugee QC
Gold Harp Properties Ltd v Macleod (2014)
Underhill LJ held that the priority of an original leasehold interest that had been mistakenly deleted from the register should be restored - even though this renewed leasehold interest was registered after Gold Harp’s leasehold, so should not have had priority.Gold Harp had not provided valuable consideration and was associated with the dodgy freeholder.
This is allowed by schedule 4, para 8.
“the guarantee of title conferred by registration is well understood not to be absolute “ Underhill LJ
