How do I fix a mistake at the Land Registry?

The Land Registry completed more than 2,140,180 applications to change or query the Land Register in October 2024 [read more], so it is not surprising that sometimes an error can occur and be registered on the Official Copy of Register or Title Plan (“title deeds”) following completion of an application.

A mistake can occur either as a result of an error by the Lawyers involved or by the Land Registry when they process the submitted application.

The Land Registration Act 2002 lays down the circumstances in which a mistake in the register can be put right, and when it cannot. This is coupled with a scheme to compensate those who suffer loss because of a mistake in the register, whether or not it is corrected.

Types of mistakes

The following examples may (but will not always) amount to a mistake in the title deeds, although not all such mistakes will give rise to entitlement to indemnity:

• a spelling error in the name of an individual or company;
• where one of the forms submitted for registration (e.g. an RX1 to record a restriction) has been missed and the entry not recorded;
• the property address or an address of an owner is incorrect;
• the price paid for the property is incorrect;
• omitting an entry for a right of way;
• including too much land in a registered title;
• including land in more than one registered title (double registration); and/or
• omitting a restrictive covenant from the title deeds.

Who can report mistakes and how

Pre-January 2012, the Land Registry would only accept applications for alteration of title deeds from someone who had or was claiming a relevant interest in the land. However, this policy has changed and so post-January 2012, anyone may apply for alteration, even where they do not have an interest in the land themselves.

All of the above mistakes and more can be reported to the Land Registry through their online contact form or by post to Land Registry. When reporting to the Land Registry, the Land Registry allows you to submit documents to support your request, for example, a passport for a spelling mistake in a name.

The Land Registry will then get in touch with you, either to confirm that the mistake has been corrected, to request further information from you and/or they will tell you what procedures you need to follow if you want to make an application for the mistake to be corrected, e.g. using a AP1 application form.

If you are not sure whether there is a mistake in the title deeds, again the Land Registry can be contacted. You should contact them with as much information as you have available and, if appropriate, they will look into the matter and they will inform you if they think that they have found a mistake. The Land Registry will also tell you what procedures you need to follow if you want to make an application for the mistake to be corrected, however, to avoid further errors, a Lawyer should be contacted to assist with the rectification of the mistake.

Challenges

Where the Land Registry are contacted concerning a mistake on the title deeds, but this is challenged (for example where the mistake is reported by a third party but challenged by the property owner), a formal application would generally be considered necessary.

It should be noted that where an application is challenged, this must be dealt with before the Land Registry can rectify and deal with the mistake within the title deed.

How can Pinney Talfourd help?

If you are concerned that there is a mistake on the title deeds and for more information, please contact our Residential Property Litigation department who would be happy to assist in reviewing your title deeds and take you through any procedural work that may arise in resolving the mistake.