[2025] UKUT 144 (LC)

Schedule 6 to the Land Registration Act 2002 makes provision for the alteration of the register. Paragraph 1 defines “rectification”:

“In this Schedule, references to rectification, in relation to alteration of the register, are to alteration which—

(a)

involves the correction of a mistake, and

(b)

prejudicially affects the title of a registered proprietor.”

Paragraph 5 says:

“The registrar may alter the register for the purpose of—

(a)

correcting a mistake …”

Paragraph 6 provides:

“(1)

This paragraph applies to the power under paragraph 5, so far as relating to rectification.

(2)

No alteration affecting the title of the proprietor of a registered estate in land may be made under paragraph 5 without the proprietor's consent in relation to land in his possession unless—

(a)

he has by fraud or lack of proper care caused or substantially contributed to the mistake, or

(b)

it would for any other reason be unjust for the alteration not to be made.

(3)

If on an application for alteration under paragraph 5 the registrar has power to make the alteration, the application must be approved, unless there are exceptional circumstances which justify not making the alteration.”

It is not in dispute that the alteration that Mr Iwasciewicz sought was a rectification, because taking land out of the title to number 2 and adding it to number 4 would prejudicially affect the title of the registered proprietor to number 2, Mr Suhitharan. Accordingly, for Mr Iwaskiewicz to succeed in the FTT he had first to show, on the balance of probabilities, that the inclusion of the disputed land in the title to number 2 and its exclusion from number 4 was a mistake on the register. If he succeeded in proving that, the FTT then had to address the provisions of paragraph 6.