Land Law Report: Land Registration Act 2002 Analysis

This report provides an in-depth analysis of the Land Registration Act 2002 of England and Wales, examining key provisions related to property registration and the rectification of mistakes. It outlines the procedures for correcting errors in the property register, including the roles of the court and the registrar, as well as the application of the Land Registration Rules 2003. The report also addresses issues of fraud and forgery, detailing the steps individuals should take to address errors and the protections afforded to them under the Act, including indemnity claims. Furthermore, it explores the proposals made by the Law Commission to reform the law and improve the identification and correction of mistakes. Case laws are also discussed to provide a practical understanding of the legal concepts. The report emphasizes the importance of the Act in preventing fraud and ensuring the protection of property rights, highlighting the various mechanisms in place to safeguard the interests of property owners and those with interests in land.

Running Head: Land Law
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Land Law
Student Name
1/21/2019

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Introduction
The report will contain a brief discussion regarding the Land Registration Act 2002 of
England and Wales and it will lay down certain provisions regarding the act. Various
circumstances of the report are discussed where the mistake in the register of properties can
be corrected. It will also provide information regarding the schemes mentioned in law to
rectify such mistakes which are made in the register of properties. It also includes the
recommendations given by law commission in respect to the identification and rectification
of mistakes which are posted in the register of the properties. It also lays down the attention
upon various case laws relating to identification and rectification of mistakes in the registrar
of properties. The act of the report will also provide various provisions relating to the frauds
and forgery done by various people of the country with an intention to deceive others. The
procedures which should be followed by a person to rectify the mistakes which are made in
the registrar of the properties are also discussed. In the end, the report will deal regarding the
proposals which are suggested by the law commission’s proposals which will help in
reforming the law and will also help in identifying the mistakes which took place in the
registrar of properties.

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The Land Registration Act 2002:
According to the schedule 4 of the Land Registration Act, 2002 the court of justice has the
right to issue an order to the registrar of property to correct the mistakes which were made by
the registrar. The court of law may order the registrar of property to update the name or to
remove the wrong entry which has been posted by the registrar of properties. However, if the
court feels that such a mistake is done from the end of the applicant, than the court of law
may instruct the applicant to apply for rectification of mistake under the Land Registration
Rules 2003 where the applicant can fill the form AP1 and can apply for such changes as
directed by the court of justice. However, it can be noted that such changes can only be done
by the registrar of properties; the court has the right to order such changes to the registrar of
properties.1
However, it can be observed that any such corrections in the name of the property of the title
of the registered proprietor have a direct impact on the valuation of the properties. The act
classifies the mistakes of two types that is the mistake indeed and the mistake in the register
of properties. If there is any mistake in registrar than the court of law may order the registrar
to identify such mistake and rectify such mistakes or such mistakes can be rectified by the
registrar of properties by filling a simple form mentioned in the Land Registration Rules
2003. It can be noted that the registrar of the properties has no right to alter, update or to
rectify any mistake which is mentioned in the deed of the property.2 As per the section 108(2)
of the Land Registration Act 2002 only the court of law has the right to update or amend such
deed. However, if the court of justice feels that such changes are done with an intention to
conduct fraudulent activities than the court of law may reject such application made by the
1 Brenna Bhandar, ‘Possession, occupation and registration: Recombinant ownership in the settler colony’
(2016) 6(2) Settler Colonial Studies 119
2 Sharon Christensen, Dixon William, and Anne Wallace, ‘Land Titles Law and Practice Update 91’ (2018)
4(2) Land Titles Law and Practice

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applicant of the property.3 Such provisions mentioned in the Act is to prevent the frauds and
errors which are done by the property dealers and to ensure that such measures will provide
help with the individuals in getting their rights in a more relevant manner.
It can be noted that prior to the year 2012 the land registry would only accept such
applications for the corrections to be made in the register. But after the year 2012 such
application has also included the application fees along with the relevant cause for such
changes in the register of land. After the year 2012, there were such changes in the act where
the applicant has to show the relevant documents where the land registry department will help
the applicant regarding the mistakes which have happened. The department will also guide
the applicant to follow certain steps regarding the changes in the property. However, it can be
noted that the applicant along with the application and the application fees should be
presented in the court of law. If the court of law feels that the application provided by the
applicant is relevant and are in good faith than the court may accept such application and
issue notice to the registered proprietor of the property or to the person or the organisation
who has created the registered charge on the property, or any such person who has the
necessary interest in the property. It can be noted that the people to whom notice has given
have the right to respond within 15 working days.4 After the expiration of the 15 working
days, the person has no right to make a claim or objection in the court of law. The person to
whom notice is given by the court of law has the right to make an objection regarding the
alteration in the title of the property.5 However, it may be noted that such objections should
be made in good faith and such objection given by people should have certain grounds of
objection. The court will ask the applicant to pursue the application made by the applicant or
to settle the dispute. Upon such agreement between the parties, the court may settle the
3 Mark Davys, Land Law (MIHE 2017)
4 Jérémie Gilbert, Indigenous Peoples' Land Rights under International Law (Brill 2016)
5 David Howell, Land and people in nineteenth-century Wales. (Routledge 2016)

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dispute and may proceed with the application of the applicant. The new proposals made by
the law commission have settled the disputes between the parties which has saved a lot of
time in procedures and litigation between the parties.
If the applicant or the person having any kind of interest in the property has the right to show
the relevant documents to the register of land where the applicant or the interested parties has
to prove that such document has been forged. Upon the forgery, the registrar of land may
advise the applicant to file a report in the police station where the registrar will provide full
information to the police. The registrar of land will take full reference of the case including
the criminal reference number and the contact number of the investigating officer in charge.
In the case where the forgery is proved and such information has been admitted by the
convicted person, the registrar of land will analyse the evidence against the convicted person
and the registrar has to be satisfied by the evidence shown against the person. Upon
satisfaction, on the basis of evidence, the registrar of land may make some necessary changes
on the basis of the application provided by the person.6 Hence such process is considered to
be authentic because all the reasonable steps in the due course of law have been followed
which ensures that there can no chances of fraud and forgery in the case.7
However, it can be noted that there is a provision is made in the act for the protection of the
rights and interest of the applicant. The applicant has the right to claim indemnity if there is
any such mistake in the registrar of the land and upon such correction of the mistake made in
the registrar of the land will directly or indirectly affect the title of the registered proprietor of
the land or such action affects to the person who has created charge on such property than
such person is eligible to claim for indemnity to the registrar of land.
6 Sarah King, Beginning Land Law (Routledge 2015)
7 Alice Lee, ‘Land Registration: Validity, Priority and Statutory Interpretation’ 2016 46(2) Hong Kong Law
Journal 415

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Moreover, it should also be noted that the registrar of land is not always liable for correction
into the register of land if the occurred which is not mentioned in the exceptions of the
corrections and if such mistake lead to circumstances which may lead to the justification of
registrar of not being correcting the mistake of the applicant.
The Land Registration Act 2002 has also provided some of the provisions for the benefit of
the applicant upon the errors and mistakes done by the registrar of land where any such
mistake which came in the official search result from the official website or any such mistake
in the official document issued by the land registry.8 But if the department of registry fails to
notify such charge over the property under the Land registration Rules 2003.9 If the
department of the land registry has damaged or destructed the document which has been kept
by the applicant for safe keeping or any such other mistake in the document or the deed
which has referred to the registrar of the land.
The act has also mentioned the process of a claim by the applicant which helps him/her in
recovering the amount by providing the relevant documents for the mistake made by the
registrar of land or any corrections made by the registrar of land or providing the details of
loss which has been suffered by the applicant. The applicant also claims by providing the
details of expenses for the mistake made by the registrar of land or by providing the exact
calculation of loss incurred by the applicant.
According to the Civil Procedure Rules 1998, an applicant has the right to make a claim
within 6 years of knowledge of the claim. It can be noted that most of the claim is settled
between the land registry department and applicant, but in some exceptional cases, the
applicant of the land has the right to apply in the county court or the high court of the
8 Ben McFarlane, Nicholas Hopkins, and Sarah Nield, Land law: text, cases, and materials (OUP 2015)
9 Mark Pawlowski, and James Brown, Adverse possession and the transmissibility of possessory rights-the dark
side of land registration? (OUP 2017).

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country.10 As per the schedule 7 and schedule 8 of the Land Registration Act 2002 the court
of law will decide the indemnity of the applicant where the applicant will provide a detailed
description of the expenses or loss incurred by him and court will take such loss into
consideration and may order the department of registry of land to reimburse such expenses or
loss incurred by the applicant of land.11
It can be observed that the government of England and Wales has fully implemented such
changes recommended by the law commission. The laws are made in such a manner which
helps in resolving the disputes between the parties. The law such as Land registration Rules
2003, the Land Registration Act 2002 also ensures the rights and interest of the applicant.
These laws are designed in such a manner which helps in easy detection of frauds which can
be done by the registry department.
However, the law has also made a process regarding the restrictions which are made for
claiming the indemnity, as the law states that the claim shall not be made with the lapse of
time mentioned in the act. The law also states that the claim of indemnity shall not be made
with an intention of fraud. But if the applicant is shows lack of proper care than he/she shall
not be eligible for indemnity and the claim regarding the land associated with mines and
minerals. The claim of indemnity shall not be made by the party who has also contributed to
the loss.12
The law has also specified the type of loss which may be incurred to the applicant at the time
of claiming indemnity from the department of the registry. The act specifically says that any
cost or expenses which are incurred by the applicant for the process of rectification of
10 Charles Rembar, The law of the land: The evolution of our legal system (ORM 2015)
11 Smith Roger, ‘Forgeries and indemnity in land registration.’ (2015) 74(3) The Cambridge Law Journal 401
12 Mark Thompson and Martin George. Thompson's Modern Land Law (OUP 2017)

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mistake made by the registrar of land. The act provides all kinds of financial loss to the
applicant who has been affected by the mistake made by the registrar of land.
However, the act also explains the process of a settlement between the parties where the
department of registry provides an offer to the party who has incurred loss regarding such
mistake in the register. The registry department offers the applicant where offer states that it
is ‘without prejudice’. The department is accepting the indemnity to be paid to the applicant
and if such offer is duly accepted by the applicant than the case is settled but if such offer is
rejected then the applicant has the right to take the matter in the court of law.
The court of law will take into notice regarding the expenses incurred by the applicant due to
a mistake done by the registrar of the land. If the claimant of indemnity discloses every
information regarding the loss which has been occurred to the applicant, the court of law may
order the department of the registry to provide the claim of indemnity to the claimant of the
case. The court may give such on the basis of paragraph 10 of schedule 8 of the Land
Registration Act 2002 where the court may order the department to reimburse the amount of
loss and amount of expenses incurred to the claimant.13The following are the case laws
discussed which relates to every major provision of the act:
Barclays Bank v Guy [2008] EWCA Civ 452
It was held by the court of law that Guy failed to show that such registration of charges was
done by mistake from the department of registry and the court of law held that if such charges
made by the registry of land than the charges may be removed by the department. It was
concluded that Guy has no sufficient evidence regarding the mistake of charges which has
been created by the department of the registry on his land.
13 Edward Watt and Richard Coles, Ship Registration: Law and Practice (OUP 2018)

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Fitzwilliam v Richall Holdings Services limited [2013] EWHC 86
The court of law came to notice that the land of Fitzwilliam has been transferred to Richall
Holdings Services Limited. It was also come up to notice that such fraudulent activity is done
as a result of the forged power of attorney. The court of law gave the decision to the
department of the registry to correct the mistakes in the register of land and ordered an
investigation against Richall Holdings Services Limited.
Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] Ch 216
It was held by the court of law that the land of Malory Enterprises limited has been
fraudulently sold by the Cheshire Homes (UK) Ltd based on the false registry certificate. The
courts of law ordered the registry department to correct the mistake and to reverse the entry
of sale of land to Malory Enterprises. The court of law also ordered actions against the
Cheshire Homes (UK) Ltd in the form of penalty.
Murdoch v Amesbury [2016] UKUT 3 (TCC)
It was held by the court of law that the applicant of the case has filed in the court of law
regarding the mistake in the territorial boundaries of the property. The applicant applied in
the court of law and it was held that such mistake was done as a result of the fraudulent
activity; the court ordered an investigation against Ameshbury.

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Conclusion
As per from the above report it can be concluded that the government of England and Wales
has implemented all such changes in the act. It can be observed that the act focuses on
settling up of the cases between the applicant and the department of registry of the country.
The act also focuses on the rights and interest of the claimant. It can also be noted that the
law commission has also focused upon the actions which are done against the fraudulent
persons which disturb the functions and role of the department. The act also covers the
mistakes done by the registrar which has caused loss to the applicant where the applicant has
to specify the loss incurred to him/her on the basis of mistake done by the registrar of land.
The law commission also focused upon the settlement which needs to be done between the
department and the applicant of the mistake, upon settlement the applicant would be eligible
for the indemnity. Hence such settlement between the parties removes the dependency upon
the court of law. The laws are customised in such a manner which helps in removing
differences between the parties and also helps in protecting the interest of the applicant or any
such party whose interest has been affected by such mistake. In the end, the report also
provides various case laws which have been occurred on the basis of mistake done by the
registrar of land or fraudulent activity done by the people who have an interest in the
property.

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Bibliography
Primary Sources
Cases
Barclays Bank v Guy [2008] EWCA Civ 452
Fitzwilliam v Richall Holdings Services Limited [2013] EWHC 86
Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] Ch 216
Murdoch v Amesbury [2016] UKUT 3 (TCC)
Statutes and Statutory Instruments
Land Registration Act 2002
Land registration Rules 2003
Secondary Sources
Books
Davys M, Land Law (MIHE 2017)
Gilbert J, Indigenous Peoples' Land Rights under International Law (Brill 2016)
Howell D, Land and people in nineteenth-century Wales. (Routledge 2016)
King S, Beginning Land Law (Routledge 2015)
McFarlane B, Hopkins N, and Nield S, Land law: text, cases, and materials (OUP 2015)
Pawlowski M, and Brown J, Adverse possession and the transmissibility of possessory rights-
the dark side of land registration? (OUP 2017).

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Rembar C, The law of the land: The evolution of our legal system (ORM 2015)
Thompson M, and George M, Thompson's Modern Land Law (OUP 2017)
Watt E, and Coles R, Ship Registration: Law and Practice (OUP 2018)
Webley L, and Samuels H, Complete public law: text, cases, and materials (OUP 2015)
Journals
Bhandar B, ‘Possession, occupation and registration: Recombinant ownership in the settler
colony’ (2016) 6(2) Settler Colonial Studies 119
Christensen S, William D, and Wallace A, ‘Land Titles Law and Practice Update 91’ (2018)
4(2) Land Titles Law and Practice
Lee A, ‘Land Registration: Validity, Priority and Statutory Interpretation’ (2016) 46(2) Hong
Kong Law Journal 415
Roger S, ‘Forgeries and indemnity in land registration.’ (2015) 74(3) The Cambridge Law
Journal 401