“The entry of a person in the register as the proprietor of a registered legal estate vests the legal estate in him even where it would not otherwise have vested in him: LRA 2002, s.58.
Accordingly, where a person is registered as proprietor as the result of a forged or fraudulent transfer, the legal estate is still vested in him.
Although the legal estate has so vested, this does not prevent an application being made for alteration of the register under LRA 2002, Sch 4. An alteration of the register will constitute rectification if it involves the correction of a mistake and prejudicially affects the title of a registered proprietor.”
Stephen Boyd‘s full article, Claims against HM Land Registry for rectification and/or indemnity, can be accessed in pdf form here.
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Outside of these hours and in cases of an urgency, please contact Paul Bunting on +44 (0) 7971 843023 or Darren Madle on +44 (0) 7769 714399.
