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Land Registration Act (Northern Ireland) 1970

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Changes over time for: PART VIII

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Land Registration Act (Northern Ireland) 1970, PART VIII is up to date with all changes known to be in force on or before 20 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART VIIIF3N.I.RECTIFICATION AND INDEMNITY

F3(prosp. subst. by 2005 c. 4)

Non-textual amendments applied to the whole Legislation can be found in the Introduction

69Rectification of errors.N.I.

(1)Subject to subsection (3), where any error (whether of misstatement, misdescription, omission or otherwise) occurs in[F1 the 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.

[F1(2)Where, in the opinion of the Registrar, an incorrect entry in, or omission from, the register is of a clerical nature, he may, after making such enquiries (if any) and serving such notices (if any) as he considers necessary, rectify the register.

(2A)The Registrar may in his discretion, after making such enquiries (if any), serving such notices (if any) and obtaining such consents (if any) as he considers necessary, amend any mistake in, or omission from, any document presented to the Land Registry, if, in his opinion, the mistake or omission is of a clerical nature.

(2B)The Registrar may, after making such enquiries (if any) and serving such noticies (if any) as he considers necessary, order the rectification of the register where all persons interested—

(a)consent to the rectification; or

(b)do not, within the prescribed period after being served with notice of the Registrar's intention to order the rectification, notify the Registrar in writing that they object to the rectification.

(2C)Where the Registrar exercises the power conferred by subsection (2) or (2B) he may make such order as to the costs of rectification as the persons interested may, in writing, agree.]

(3)[F1The 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;

but so that this subsection shall—

(i)limit the power of the court to rectify[F1 the register] only where the registered owner of the land is in possession thereof; and

(ii)not limit the power of the court to rectify[F1 the 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[F1 the 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.

S.70 rep. by 1992 NI 7

71Claims for compensation.N.I.

(1)Claims for compensation for any loss arising from any matter specified in paragraph 1(1) of Schedule 9 may be made in accordance with the provisions of that Schedule.

(2)Where any such claim for compensation is allowed, it shall[F2 be paid by the Department out of money appropriated for the purpose].

[F2(3)Subject to subsections (3A), (3B) and (3C), where any such compensation is paid by the Department, the Department shall be entitled to recover the amount so paid from all or any of the following persons—

(a)any person who caused or substantially contributed to the loss in question;

(b)any person who has, directly or indirectly, derived title or any other advantage—

(i)from such a person as is mentioned in paragraph (a), or

(ii)by reason of an error or omission giving rise to the loss;

and, without prejudice to the generality of the foregoing provision, the Department may enforce any express or implied covenant or other right which the person receiving the compensation would have been entitled to enforce in relation to the matter in respect of which the compensation is paid.

(3A)A person shall not be treated for the purposes of subsection (3)(a) or (b)(i) as having caused or substantially contributed to the loss unless he has done so by his fraud or lack of proper care; and where a person substantially contributed to the loss (but did not cause it completely), the amount recoverable under subsection (3) from him or from any person who has derived title or other advantage from him shall be such amount as is just.

(3B)The Department is not entitled under subsection (3) to recover any amount from a person by reason only of his derivation of title or advantage as mentioned in paragraph (b) of that subsection where that person has derived the title or other advantage for valuable consideration and he has not caused or contributed to the loss by his fraud.

(3C)Where the Department is entitled to recover an amount under subsection (3)(b) from a person who did not cause or substantially contribute to the loss, that amount shall not exceed the value, immediately before the Department gives notice to that person of its intention to recover an amount from him under subsection (3), of the advantage obtained by him.]

[F2(4)Any question arising as to whether the Department is entitled to recover some amount under subsection (3) from a particular person, as to the quantum of that amount or as to the enforcement of any right by the Department under that subsection shall be referred to and determined by the Lands Tribunal.

(5)A question referred under subsection (4) and one referred under paragraph 10 of Schedule 9 (entitlement to and amount of compensation) may be determined in the same proceedings.

(6)Except where the amount recoverable by the Department under subsection (3) is determined as mentioned in subsection (5),—

(a)the right of the Department to recover any amount under subsection (3) shall be deemed to accrue on the date on which the Department pays the compensation to which that right relates; and

(b)a claim to recover such an amount shall not be the subject of a reference under subsection (4) after the expiration of one year from the time when the right to recover that amount accrued or after the expiration of 12 years from the time of the error or omission which gave rise to the loss, whichever first occurs.

(7)When the Lands Tribunal determines that any amount is recoverable under subsection (3), it may make an order for the payment of that amount and such an order is a money judgment for the purposes of Article 4 of the Judgments Enforcement (Northern Ireland) Order 1981.]

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