Duty of care

The accuracy of the Land Register depends in part on the care with which the Keeper's staff carry out their duties. But they in turn depend on others, and in particular on those involved in a conveyancing transaction, whether as party to the transaction or as agent. For this reason, section 111 of the Act introduces a new statutory duty of care owed to the Keeper by persons who grant deeds which are intended to be registered, persons making an application for registration, and solicitors or legal advisers acting on behalf of both.

Q1: What are the consequences of breaching the duty of care?

If the Keeper suffers any loss as a consequence of a person breaching the duty of care, she will be entitled to recover that loss from that person.

Q2: What if I disagree that my client or I have breached the duty of care?

You should write the Keeper setting out the reasons for disagreement. As is the case with any disagreement regarding a decision of the Keeper, if agreement cannot be reached, the Lands Tribunal have jurisdiction to consider such matters on appeal under section 103 of the Act.

Q3: Does a breach of the duty of care constitute an offence under section 112?

No. The duty of care provision stands alone from the offence provision in section 112.

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