England and Wales Land Registry Adjudicator

(1) Dennis Green (2) Joan Green v Graham Francis Hoyland (Alteration and rectification of the register : Alteration affecting the title of land in the possession of a registered proprietor) [2018] UKFTT 80 (PC) (31 January 2018)

Applicants applied for rectification of the register by the removal of a small parcel of land from Respondent's title and its registration as part of theirs. On examination of the pre-registration deeds it was clear that the Applicants did have a paper title to the land, although a conveyancing error in 1920 had made it appear that the neighbouring farm might have owned the land. There was a mistake on the register. Moreover, at the hearing there was produced the contract for the Respondent's purchase, which he had signed, and from which it was clear that even if the disputed land had been part of his vendor's title, it was not sold to him. The vendor to the Respondent was a witness for the Applicants and gave evidence that he regarded the land as theirs. Accordingly it was right for there to be rectification of the register and the registrar was directed accordingly.

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