Chapter 7 - Rectification of the Register
and Indemnity Rectification
Rectification of inaccuracies: general
7.1 The title sheet prepared by the
Keeper on first registration of an interest in land derives from a
thorough examination and assessment
of all relevant title deeds and documents submitted with the
application. On completion the title
sheet should reflect the rights and obligations of the registered
proprietor as evidenced by the title
deeds, including details of all outstanding standard securities and
other relevant charges brought to the
Keeper’s attention. All subsequent applications affecting the title
sheet will be dealt with in a similar
fashion and the title sheet will be updated accordingly. The title
sheet will, therefore, accurately
reflect the extent and nature of the
registered proprietor’s title. It
follows that when the
title sheet is completed in such a manner,
usually there will be no call for
rectification of the register.
Inaccuracies in a title
sheet do, however, occur for a variety of reasons.
These include simple clerical errors,
made by the Keeper’s office in the compilation of title sheets, and erroneous
information supplied to
the Keeper in support of an application for registration. This latter category
can give rise to decrees of reduction
being pronounced by the court, the consequence
of which may be that an inaccuracy is
created in the register that requires
consideration of the rectification provisions at section
9. An obvious
example of how an inaccuracy can occur is where the Keeper omits a particular
burden from the
title sheet because he deems it no longer enforceable. Such a decision may turn
out to be wrong. Similarly,
when the Keeper comes to delineate the extent of the subjects on the title plan
there may be a
discrepancy between the legal extent as depicted
in the title deeds and the occupied
extent as delineated
on the ordnance map. The Keeper may
decide the discrepancy is not material and
so proceed
to plot the subjects to the occupied
extent. The registered proprietor or the neighbouring
proprietor may disagree with that decision.
Requests for the title sheet to be rectified may then follow.
Errors of a minor clerical nature:
correction of title sheet 7.2
Title sheets do, from time to time, contain errors of a clerical nature. The most
common example is
that of a simple typographical error. Strictly speaking the correction of any
inaccuracy in the title sheet
can only be achieved by rectification of the register. Where the inaccuracy arises
through a minor clerical
error of the Keeper he will however normally be prepared to amend the inaccuracy
without the need
for a formal application for rectification of the register. If a typographical
error is discovered, the
certificate of title may either be returned
for correction or it can be retained
until the next application
affecting the registered interest is submitted.
The error should then be brought to
the Keeper’s
attention. It is recommended that where the error is of a particularly minor nature,
such as an incorrect
spelling, the latter approach is appropriate. Conversely, where the nature of
the error is such
that it materially affects the interpretation of the certificate of title, such
as a missed line in one of
the burdens entries, it is recommended that the correction take place immediately.
No application form
is necessary when submitting a certificate of title for a minor correction. Should
the Keeper agree with
the request for correction, a fresh certificate of title will be issued.