Part 1Commonhold
Registration
6 Registration in error
1
This section applies where a freehold estate in land is registered as a freehold estate in commonhold land and—
a
the application for registration was not made in accordance with section 2,
b
the certificate under paragraph 7 of Schedule 1 was inaccurate, or
c
the registration contravened a provision made by or by virtue of this Part.
2
The register may not be altered by the Registrar under Schedule 4 to the Land Registration Act 2002 (c. 9) (alteration of register).
3
The court may grant a declaration that the freehold estate should not have been registered as a freehold estate in commonhold land.
4
A declaration under subsection (3) may be granted only on the application of a person who claims to be adversely affected by the registration.
5
On granting a declaration under subsection (3) the court may make any order which appears to it to be appropriate.
6
An order under subsection (5) may, in particular—
a
provide for the registration to be treated as valid for all purposes;
b
provide for alteration of the register;
c
provide for land to cease to be commonhold land;
d
require a director or other specified officer of a commonhold association to take steps to alter or amend a document;
e
require a director or other specified officer of a commonhold association to take specified steps;
f
make an award of compensation (whether or not contingent upon the occurrence or non-occurrence of a specified event) to be paid by one specified person to another;
g
apply, disapply or modify a provision of Schedule 8 to the Land Registration Act 2002 (c. 9) (indemnity).