Rectification of the register – prospective or retrospective?
Lees, Emma Frances
The Modern Law Review
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Lees, E. F. (2015). Rectification of the register – prospective or retrospective?. The Modern Law Review, 78 361-371. https://doi.org/10.1111/1468-2230.12119
In Gold Harp v MacLeod  EWCA Civ 1084, the Court of Appeal considers Schedule 4, paragraph 8 Land Registration Act 2002. It interprets this provision so as 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.
External DOI: https://doi.org/10.1111/1468-2230.12119
This record's URL: https://www.repository.cam.ac.uk/handle/1810/246734