Abstract
Whether an entry in the land register can be upset is a question that hinges upon the
availability of the powers of alteration under the Land Registration Act 2002. The
scope of these alteration powers is crucial for registered land because they determine
when security of registered title may have to give way to more important values, such
as the need to give relief against the effects of fraud or error. Despite that pivotal
function, their scope is not always clear and any elucidation by the court is welcome.
Antoine v Barclays Bank UK PLC adds clarity to one aspect of the alteration powers
in factual circumstances that are not so common. The Court of Appeal held that a
register entry made pursuant to a court order subsequently set aside is not a ‘mistake’
for the purpose of the correction head of the alteration powers. The decision brings
coherence to the case law, and it successfully maintains the integrity of the recondite
statutory provisions about alteration of the register, while highlighting the limits of
the land register’s reliability.
availability of the powers of alteration under the Land Registration Act 2002. The
scope of these alteration powers is crucial for registered land because they determine
when security of registered title may have to give way to more important values, such
as the need to give relief against the effects of fraud or error. Despite that pivotal
function, their scope is not always clear and any elucidation by the court is welcome.
Antoine v Barclays Bank UK PLC adds clarity to one aspect of the alteration powers
in factual circumstances that are not so common. The Court of Appeal held that a
register entry made pursuant to a court order subsequently set aside is not a ‘mistake’
for the purpose of the correction head of the alteration powers. The decision brings
coherence to the case law, and it successfully maintains the integrity of the recondite
statutory provisions about alteration of the register, while highlighting the limits of
the land register’s reliability.
| Original language | English |
|---|---|
| Pages (from-to) | 70-78 |
| Number of pages | 8 |
| Journal | Conveyancer and Property Lawyer |
| Volume | 83 |
| Issue number | 1 |
| Publication status | Published - 1 Apr 2019 |