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Property transactions.

The editors of this section of the site are Peta Dollar, solicitor who works as a freelance lecturer, trainer and writer (peta@petadollar.co.uk) and Alex Troup, barrister at St John's Chambers Bristol.


There are two cases this month:
  • The register was ordered to be altered to remove the registered proprietor’s name
  • Solicitors should have charged VAT to their clients on the fees for online property searches from an external agency


Land registration

Adverse possession

Rashid v Rashid
[2017] UKUT 332 (TCC)

Summary

The registered proprietor sought to object to the alteration of the register so as to remove his name on the basis that he was in adverse possession. A registered proprietor can never be in adverse possession of the registered land however that land was acquired.

Relevant statutory provisions

The relevant parts of Paragraphs 1, 5 and 6 Schedule 4 of the Land Registration Act 2002 are as follows:

“1 In this Schedule, references to rectification, in relation to alteration of the register, are to alteration which—
30 (a) involves the correction of a mistake, and
(b) prejudicially affects the title of a registered proprietor.

5 The registrar may alter the register for the purpose of—
(a) correcting a mistake,
(b) bringing the register up to date,
….

6(1) This paragraph applies to the power under paragraph 5, so far as relating to rectification.
(2) No alteration affecting the title of the proprietor of a registered estate in land may be made under paragraph 5 without the proprietor’s consent in relation to land in his possession unless—
(a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or
(b) it would for any other reason be unjust for the alteration not to be made.

(3) If on an application for alteration under paragraph 5 the registrar has power to make the alteration, the application must be approved, unless there are exceptional circumstances which justi ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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