Law Commission review of the Land Registration Act 2002

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)