SCHEDULES
SCHEDULE 4Alteration of the register
6Alteration otherwise than pursuant to a court order
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 justify not making the alteration.
4
In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.