Gold Harp Properties Ltd v Macleod & Ors

The court has power under Schedule 4, paragraph 8 of the Land Registration Act 2002 to rectify the Register by restoring mistakenly removed leases and altering the priority of subsequently registered interests, with such changes operating prospectively. No exceptional circumstances justified refusal of rectification.

Parties: Appellant: Gold Harp Properties Ltd; Respondents: MacLeod & Others
Jurisdiction: England and Wales
Judgment Date: 29 July 2014
Procedural Posture: Civil Appeal / Appeal From Central London County Court Decision
Outcome: Appeal dismissed
Legal Topics: Rectification of Land Register, Priority of Interests, Mistake in Registration, Relief From Forfeiture

Land Law Property Law Rectification of Land Register Priority of Interests Mistake in Registration Relief From Forfeiture

Case Brief

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Parties

Gold Harp Properties Ltd

Appellant

MacLeod & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision

Legal Issues

1 Whether the court had power to order rectification of the Land Register to restore priority to leases mistakenly removed and to alter the priority of subsequently registered interests under the Land Registration Act 2002, Schedule 4, paragraph 8.
2 Whether there were exceptional circumstances justifying refusal of rectification under Schedule 4, paragraph 3(3).

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Land Register to be rectified by reinstating the Claimants’ leases with priority over the new lease.
No exceptional circumstances found to refuse rectification.