Schedule 4, Land Registry Act 2002

The Court of Appeal has considered the extent of the power of the court (and registrar) to rectify the register under paragraph 8 of Schedule 4 to the Land Registry Act 2002 (LRA 2002).

The court held that:

• The power to rectify the register was not limited to simply restoring an interest but extended to changing, what would otherwise be, its priority

• The person whose interest had been restored to the register could exercise their rights as the owner of that interest, to the exclusion of the rights of the owner of the competing interest, from the moment that the order was made.

The case clarifies the rectification power of both the court and the registrar and highlights that the register is not indefeasible. (Gold Harp Properties Ltd v MacLeod and others [2014] EWCA Civ 1084.)

Written by James Naylor

Partner, CG Naylor LLP.