Q&As

Is there a limitation period in which an application must be made to HM Land Registry to alter the register under schedule 4 of the Land Registration Act 2002?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 03/12/2015

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Is there a limitation period in which an application must be made to HM Land Registry to alter the register under schedule 4 of the Land Registration Act 2002?

Is there a limitation period in which an application must be made to HM Land Registry to alter the register under schedule 4 of the Land Registration Act 2002?

There is no specific limitation period that applies directly tothe Land Registration Act 2002, Sch 4 (LRA 2002).

For many claims, periods of limitation are prescribed by various statutes (statutes of limitation, eg Limitation Act 1980 (LA 1980)) with the result that a claim started after an applicable period of limitation has expired is barred.

The LRA 2002, s 65 and Sch 4 set out a scheme for ‘alteration’ of the land register. This provides that an applicant may apply either to the court, or to the registrar, for the register to be changed so as to:

  1. correct a mistake

  2. bring the register up to date

  3. give effect to any estate, legal right or interest that is excepted from the effect of registration; or

  4. remove a superfluous entry (only the registrar, not the court, has this power)

‘Rectification’ is defined as a particular form of alteration directly linked to the circumstances in which an indemnity is payable. 'Rectification' means an alteration which involves the correction of a mistake and prejudicially affects the title of a registered proprietor (LA 1980, Sch,4, para,1 and Sch,8), see Practice Note: The title register—alteration, rectification and indemnity.

In Parshall v Bryans, the Court of Appeal

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