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Title by Registration: Rectification, Indemnity and Mistake and the Land Registration Act 2002
Author(s) -
Lees Emma
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12002
Subject(s) - mistake , indemnity , interpretation (philosophy) , property (philosophy) , section (typography) , law , law and economics , political science , philosophy , computer science , epistemology , economics , linguistics , operating system
Our understanding of the system of registered title is crucial to our understanding of real property in general but there is no consensus as to the best way to interpret ‘correcting a mistake’ in S chedule 4 LRA 2002. This provision should be interpreted to mean that subsequent registrations following a ‘mistaken’ registration are not in themselves a mistake. Section 58 means that the subsequent transferee is relying on good title and a valid transfer and this ought to protect them from rectification. Where an original registered proprietor loses out as a result of this interpretation, they should be entitled to an indemnity however and this requires a change of approach to the interpretation of S chedule 8 LRA 2002. This approach best accords with the logic of the principle of title by registration whilst also avoiding a clash with Article 1, P rotocol 1 ECHR .