Search Legislation

Land Registration Act 2002

Status:

This is the original version (as it was originally enacted).

Section 103

SCHEDULE 8Indemnities

This schedulenoteType=Explanatory Notes has no associated

Entitlement

1(1)A person is entitled to be indemnified by the registrar if he suffers loss by reason of—

(a)rectification of the register,

(b)a mistake whose correction would involve rectification of the register,

(c)a mistake in an official search,

(d)a mistake in an official copy,

(e)a mistake in a document kept by the registrar which is not an original and is referred to in the register,

(f)the loss or destruction of a document lodged at the registry for inspection or safe custody,

(g)a mistake in the cautions register, or

(h)failure by the registrar to perform his duty under section 50.

(2)For the purposes of sub-paragraph (1)(a)—

(a)any person who suffers loss by reason of the change of title under section 62 is to be regarded as having suffered loss by reason of rectification of the register, and

(b)the proprietor of a registered estate or charge claiming in good faith under a forged disposition is, where the register is rectified, to be regarded as having suffered loss by reason of such rectification as if the disposition had not been forged.

(3)No indemnity under sub-paragraph (1)(b) is payable until a decision has been made about whether to alter the register for the purpose of correcting the mistake; and the loss suffered by reason of the mistake is to be determined in the light of that decision.

Mines and minerals

2No indemnity is payable under this Schedule on account of—

(a)any mines or minerals, or

(b)the existence of any right to work or get mines or minerals,

unless it is noted in the register that the title to the registered estate concerned includes the mines or minerals.

Costs

3(1)In respect of loss consisting of costs or expenses incurred by the claimant in relation to the matter, an indemnity under this Schedule is payable only on account of costs or expenses reasonably incurred by the claimant with the consent of the registrar.

(2)The requirement of consent does not apply where—

(a)the costs or expenses must be incurred by the claimant urgently, and

(b)it is not reasonably practicable to apply for the registrar’s consent.

(3)If the registrar approves the incurring of costs or expenses after they have been incurred, they shall be treated for the purposes of this paragraph as having been incurred with his consent.

4(1)If no indemnity is payable to a claimant under this Schedule, the registrar may pay such amount as he thinks fit in respect of any costs or expenses reasonably incurred by the claimant in connection with the claim which have been incurred with the consent of the registrar.

(2)The registrar may make a payment under sub-paragraph (1) notwithstanding the absence of consent if—

(a)it appears to him—

(i)that the costs or expenses had to be incurred urgently, and

(ii)that it was not reasonably practicable to apply for his consent, or

(b)he has subsequently approved the incurring of the costs or expenses.

Claimant’s fraud or lack of care

5(1)No indemnity is payable under this Schedule on account of any loss suffered by a claimant—

(a)wholly or partly as a result of his own fraud, or

(b)wholly as a result of his own lack of proper care.

(2)Where any loss is suffered by a claimant partly as a result of his own lack of proper care, any indemnity payable to him is to be reduced to such extent as is fair having regard to his share in the responsibility for the loss.

(3)For the purposes of this paragraph any fraud or lack of care on the part of a person from whom the claimant derives title (otherwise than under a disposition for valuable consideration which is registered or protected by an entry in the register) is to be treated as if it were fraud or lack of care on the part of the claimant.

Valuation of estates etc.

6Where an indemnity is payable in respect of the loss of an estate, interest or charge, the value of the estate, interest or charge for the purposes of the indemnity is to be regarded as not exceeding—

(a)in the case of an indemnity under paragraph 1(1)(a), its value immediately before rectification of the register (but as if there were to be no rectification), and

(b)in the case of an indemnity under paragraph 1(1)(b), its value at the time when the mistake which caused the loss was made.

Determination of indemnity by court

7(1)A person may apply to the court for the determination of any question as to—

(a)whether he is entitled to an indemnity under this Schedule, or

(b)the amount of such an indemnity.

(2)Paragraph 3(1) does not apply to the costs of an application to the court under this paragraph or of any legal proceedings arising out of such an application.

Time limits

8For the purposes of the Limitation Act 1980 (c. 58)

(a)a liability to pay an indemnity under this Schedule is a simple contract debt, and

(b)the cause of action arises at the time when the claimant knows, or but for his own default might have known, of the existence of his claim.

Interest

9Rules may make provision about the payment of interest on an indemnity under this Schedule, including—

(a)the circumstances in which interest is payable, and

(b)the periods for and rates at which it is payable.

Recovery of indemnity by registrar

10(1)Where an indemnity under this Schedule is paid to a claimant in respect of any loss, the registrar is entitled (without prejudice to any other rights he may have)—

(a)to recover the amount paid from any person who caused or substantially contributed to the loss by his fraud, or

(b)for the purpose of recovering the amount paid, to enforce the rights of action referred to in sub-paragraph (2).

(2)Those rights of action are—

(a)any right of action (of whatever nature and however arising) which the claimant would have been entitled to enforce had the indemnity not been paid, and

(b)where the register has been rectified, any right of action (of whatever nature and however arising) which the person in whose favour the register has been rectified would have been entitled to enforce had it not been rectified.

(3)References in this paragraph to an indemnity include interest paid on an indemnity under rules under paragraph 9.

Interpretation

11(1)For the purposes of this Schedule, references to a mistake in something include anything mistakenly omitted from it as well as anything mistakenly included in it.

(2)In this Schedule, references to rectification of the register are to alteration of the register which—

(a)involves the correction of a mistake, and

(b)prejudicially affects the title of a registered proprietor.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources