Realignment of rights

This section covers a range of frequently asked questions that focus on how we are changing our systems and processes to meet the requirements of the 2012 Act regarding Realignment of rights

Q1: In what circumstance will realignment take place?

The conditions which must be met for realignment to take place are set out in section 86(3) of the Act.

Q2: Will the Keeper take a view as to whether or not realignment has operated?

Realignment operates by rule of law. The Keeper will adopt the policy that should doubt be cast upon the operation of realignment in any particular case, she will require a judicial determination to show that the land register is inaccurate and to potentially make manifest what action is required in order to make the register accurate.

Q3: If I make the Keeper aware of a potential inaccuracy within the one year period is it possible for realignment to take place?

Section 86(3)(b) provides that the one year period will be interrupted upon the Keeper becoming aware that the Register is inaccurate. However, the Keeper will not be deemed to be aware until such time as she is satisfied that there is an inaccuracy (i.e. the inaccuracy is manifest in terms of section 80(1)). Accordingly, an unsubstantiated assertion made to the Keeper that there is an inaccuracy will be insufficient to prevent realignment.

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