Land Registration Act 2002 Explanatory Notes

Indemnities

326.Under paragraph 19 the provisions in Schedule 8 (Indemnities) applies not only to claims arising after the Act comes into force but to those made before then but not by then settled by agreement or finally determined.

327.Prior to the coming into force of the Land Registration Act 1997 on 27 April 1997 the registrar’s consent to incurring costs only applied to costs incurred in taking or defending any proceedings (other than an application to the court for indemnity). The 1997 Act introduced the wider requirement of consent for costs and expenses of whatever nature but preserved the pre-27 April 1997 position in relation to proceedings, negotiations or other matters begun before 27 April 1997. The effect of paragraph 19(2) is to preserve this position.

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