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- Title
Rectification of the Register - Prospective or Retrospective?
- Authors
Lees, Emma
- Abstract
In Gold Harp v Mac Leod the Court of Appeal considered paragraph 8 of Schedule 4 of the Land Registration Act 2002 and interpreted this provision to mean that the priority between mistakenly de-registered interests and registered interests can be altered following rectification. The court can give the de-registered interest the priority which it 'would have had' but for the mistake. In other words, it allows for retrospective rectification. This case note concludes that this is the correct interpretation of paragraph 8 and of the words 'for the future'. However, it argues that the current range of options available to the court in terms of rectification are producing uncertainty, and that a better approach may be to rely on the priority provisions in sections 28 and 29.
- Subjects
UNITED Kingdom; RECTIFICATION (Law); LAND title registration &; transfer -- Law &; legislation; LEASES; RETROACTIVE judicial decisions; LAND use; GREAT Britain. Court of Appeal; RETROACTIVE laws; STATUTES; ACTIONS &; defenses (Law)
- Publication
Modern Law Review, 2015, Vol 78, Issue 2, p361
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12119