Q&As

Is there any real substantive difference between the registrar’s and the court’s powers to order rectification of the registry in the strict technical sense defined in Schedule 4 to the Land Registration Act 2002? If not, are there any circumstances where it might be some advantage in incurring the expense of an application to the court?

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Published on: 18 July 2019
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The only difference is pursuant to paragraph 5 of Schedule 4 to the Land Registration Act 2002 (LRA 2002). The registrar has the additional power to remove a superfluous entry, whereas the court, pursuant to LRA 2002, Sch 4, para 2, does not.

The advantage of going to court will

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Rectification definition
What does Rectification mean?

Alteration of the Register of Title which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor.

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