Protection for the purchaser of registered land

Question 1

Rectification of the register other than for adverse possession

Answer 1

Sch 4 LRA 2002

Question 2

Situations where rectification of the register may be appropriate:

Answer 2

Double conveyancing;
Mistake; and
Fraud/forgery.

Question 3

Double conveyancing

Answer 3

Issues arise with unregistered land, rectification can solve these issues.

Question 4

Mistakes

Answer 4

Sch 4 Para 5(a)

Question 5

Fraud/Forgery

Answer 5

Malory v Cheshire Homes

Question 6

Rectification claims against a registered proprietor in possession legislation

Answer 6

Sch 4 paras 3(2) and 6(2) LRA 2002

Question 7

Rectification claims against a registered proprietor in possession- A registered proprietor can only lose the land registered in their name if:

Answer 7

They were fraudulent; or
they were negligent; or
it is for some other reason unjust not to rectify the register.

Question 8

Who is a proprietor in possession?

Answer 8

s131 LRA 2002

Question 9

Indemnity

Answer 9

Sch 8 para 6(a) The value of the estate or interest they lose, valued at the date of rectification.