LAND REGISTRATION ACT (NORTHERN IRELAND) 1970

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LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 69



69.(1) Subject to subsection (3), where any error (whether of misstatement,
misdescription, omission or otherwise) occurs in any register, the court, upon
such application and in such manner as may be prescribed by rules of the
appropriate court and after such notices, if any, as it may direct, may order
such error to be rectified upon such terms as to costs or otherwise as it may
think fit.

(2) The Registrar may, after making such enquiries, if any, as he may consider
necessary

(a)order the rectification of a register in any case

(i)where any incorrect entry in, or omission from, the register occurs,
whether in consequence of an error in the Land Registry or in any document
presented to the Land Registry in connection with any registration; and

(ii)except where the error or omission is of a formal nature, all persons
interested consent to the rectification; and

(b)make that order subject to such terms as to costs as the persons interested
may, in writing, agree.

(3) A register shall not be rectified under subsection (1) so as to affect the
title of a registered owner, unless such rectification can be made without
loss or damage to any person claiming for valuable consideration and in good
faith through such registered owner and unless

(a)the registered owner or, as the case may be, a person claiming as aforesaid
through the registered owner or anyone acting on behalf of either has, by his
act, neglect or default, been in any way responsible for, or has contributed
to, the error; or

(b)in the case of an error made before such registered owner was so
registered, he was, in fact, aware of such error at the time of his
registration as owner; or

(c)in the case of an error made after such registered owner was so registered,
he or a solicitor acting on his behalf became aware of such error at a time
when such error was capable of being rectified without causing loss or damage
to any person except the expense of such rectification; or

(d)the immediate disposition to such registered owner, or the disposition to
any person through whom he claims otherwise than for valuable consideration,
was void; or

(e)such registered owner acquired the land otherwise than for valuable
consideration and rectification of the error could have been made against the
person through whom he claims if such person had been the registered owner; or

(f)such registered owner consents to rectification;

(i)limit the power of the court to rectify a register only where the
registered owner of the land is in possession thereof; and

(ii)not limit the power of the court to rectify a register in any particular
case if the court is satisfied that it would be unjust not to rectify the
register against the registered owner.

(4) The provisions of subsections (1) and (3) shall extend, with any necessary
modifications, to the rectification of a register by order of a court of
competent jurisdiction, exercising any jurisdiction based on the ground of
fraud or mistake, in like manner as those subsections apply to the
rectification of errors by order of the court.

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Northern Irish Legislation

LAND REGISTRATION ACT (NORTHERN IRELAND) 1970 - SECT 69