Ask The Legal Expert: I've Noticed a Mistake in my Registered Title Deeds!

The sheer volume of applications dealt with by HM Land Registry inevitably leads to mistakes slipping through unnoticed. It can therefore come as an unexpected, and unwelcome, surprise to discover that your registered title documents contain a mistake.

What can I do?

If the mistake is relatively minor (e.g. a spelling mistake or an incorrect date) and does not impact any other title, then simply informing the Land Registry of the error and providing some evidence may prove enough: they will often correct such mistakes without the need for a formal application.

If, however, the mistake adversely affects a registered title, for example by lowering its value or removing land from it, then the register’s alteration is classified as a ‘rectification’. Such mistakes can be quite significant, particularly if the mistake relates to a boundary on a farm where the area of land can be extensive. (Note if a removal of land only serves to reflect the position of an existing boundary more accurately, then this is not considered to be a rectification).

If the land in question is in the possession of the registered proprietor (including if they are the landlord to a tenant who lives there), then the register can only be rectified if the registered proprietor agrees. Naturally, this can potentially lead to dispute, so it may be worth seeking an early dialogue with affected parties to seek agreement in advance of any application.

Upon receiving an application to rectify the register, the Land Registry will notify the registered proprietors of titles, registered charges or any other apparent interested parties, that would be affected by the proposed correction. They are initially given 15 days to object, but can request additional time to fully investigate and set out their objections.

The Land Registry will look at any objections to check that they have reasonable grounds, and if so, they cannot complete the rectification application without a resolution to the dispute. If the applicant and objectors cannot reach an agreement to settle the dispute, then it will be referred to a tribunal.

What about the cost?

If the mistake was caused by the Land Registry (rather than due to an error on the part of e.g. a conveyancer or solicitor), then anyone who has suffered loss as a result can make a claim for indemnity. Such losses might include the value of land removed from a title or the costs of an abortive sale due to the mistake.

This can also include the cost and expenses payable to apply for rectification. However, such costs and expenses must be reasonable, and usually require the registrar’s consent. It is possible to seek this consent retrospectively, however, it is advisable to contact the Land Registry early and seek prior consent in relation to costs if you suspect that you are affected by a mistake on the register.

Any tips?

Carefully check your transfer document from your conveyancer before signing to ensure all spelling and dates are correct.

Once you receive your registered title deeds, check them carefully and go back to your conveyancer promptly.

If you only notice some time down the line, contact our experienced team on 03333 208644 or email hello@jcpsolicitors.co.uk for guidance.