Rectifications

The contents of this webpage is for guidance purposes only. The Land Registry is not an advisory body and can make no representation and give no warranty with respect to any of the information provided. Applications can only be considered and determined once lodged in the Registry.

Further guidance in respect of an application to rectify the Title Register can be found in our Customer Guidance Leaflet on the Rectification guidance page.

If the applicant considers that a clerical error has been made on the Title Register by the Land Registry then the Registrar may amend that error, free of charge, provided that there has been no objection from any interested party. The applicant should lodge a Form 100 headed ‘Rectification of Registry Error’ and set out in a letter the nature of the error and any evidence indicating that it is a Registry error.

Where an error has been made which is not a Land Registry error, a rectification application may be required. A rectification application usually deals with complex title matters and is normally lodged by a solicitor. Rectifications can often require the drafting and lodgement of a Deed of Rectification for which there is no set format. A solicitor may find it useful to lodge a draft for approval application in which the Registry can approve the form of the deed before the substantive application is lodged in the Registry. A draft deed may be submitted with a Form 100 and £80.00 fee. It should be noted that a draft for approval is not designed to be a pre-approval application. The Registry cannot give prior assurances in respect of an application before the substantive application is lodged in the Registry. Approving the form of deed may however be beneficial in reducing errors and speeding up the rectification application itself.

While the format and content of the deed will largely depend on the nature of the rectification, the following precedents are examples of common rectifications that may assist a solicitor in drafting a Deed of Rectification. Please note these precedents will need to be adapted to the particular circumstances of the rectification and should only be used as a reference point. Their use is not a guarantee that an application lodged in the Registry will be processed without query.

Precedents

• Precedent 1 - lease rectification floor omitted
• Precedent 2 - rectifying transfer , lands omitted
• Precedent 3 - lease rectification description/ map
• Precedent 4 - lease rectification rights omitted
• Precedent 5 - rectifying transfer (Assent)

Each of these precedents can be found at Rectification precedents

Practical tips when lodging rectification applications

Errors in registrations are often only detected when land or property is being sold or re-mortgaged. Rectification applications are therefore often time sensitive and can involve a number of parties. The following tips may assist applicants in speeding up the registration process by reducing errors:

• Ensure that all interested parties are included in the deed. This may include lenders, lessors and management companies.
• The deed must contain the required Land Registry header details (folio numbers and registered owner details) and must be signed as a deed and witnessed in accordance with our Rules and Practice Directions. These can be found on the LPS Practice Directions & Notes to Practitioners page.
• If the deed or document being rectified has already been registered in the Land Registry and or Registry of Deeds, it is a matter of public record and the deed itself cannot be manuscript amended post registration. A separate Deed of Rectification will need to be lodged.
• If the deed refers to a map, that map must be attached to the deed when lodged in the Registry and must be to an acceptable Land Registry scale. If the deed refers to colouring on the map then the reference in the deed and the colouring in the map should match.
• It is often very helpful to include the background to the rectification in a covering letter and also in the recitals of the deed itself. Care should be taken to also include the rectification in the operative part of the deed.
• If an error has been made in a First Registration then a rectifying Form 1 should be lodged by the solicitor who made the original first registration application together with a rectification fee. In exceptional circumstances the Registry will accept a re-certification by another solicitor. The exceptional circumstance should be detailed in a letter accompanying the application. If a deed referred to in the Form 1 requires rectification then a Deed of Rectification should be lodged with the rectifying Form 1 and this deed should be referred to in the Form 1 document, usually as an additional root of title or acquisition deed.
• A draft for approval (details above) should be considered.
• Where a lease requires rectification because lands have been omitted (e.g. a floor of an apartment), it is important to remember that the Deed of Rectification must demise the omitted lands onto the lessee and refer to those lands by reference to a map. It may be good practice within the deed to demise and confirm the entirety of the premises and re-define the premises to include the omitted land. Please see precedent 1 above as an example. Upon completion of the rectification the omitted lands will be added to the existing leasehold folio.
• Where lands have been accidentally excluded from a transfer of freehold registered land, the Registry will require the lodgement of a rectifying transfer. Please see precedent 2 above as an example. The Registry would expect the registered owner of the lands which were omitted to transfer the omitted lands to the applicant. Upon completion of the rectification, a new folio will be opened for the omitted lands. The Registry will not add the omitted lands to the original folio. The applicant may need to consider if it is appropriate to apply for the folios to be amalgamated.
• Where a folio(s) has accidentally been omitted from a charge deed, the Registry can accept either a deed rectifying the original charge, in which case the lender and borrower (registered owner) and any other interested party must join in, or the lodgement of a new charge deed in respect of the omitted lands. If the lands subject to the charge are to be amalgamated into another folio the applicant may need to consider whether a deed of substituted security is required.
• If a deed is registered and a party has in error been omitted from that deed the Registry would expect a Deed of Rectification to be lodged if the error requires remedying. The Registry cannot accept a copy of the same registered deed signed by the additional party.
• If an error has occurred in a deed that has been registered it is not enough that the parties ‘agree that the deed should say X’. The rectification deed should grant/demise/ transfer/covenant/confirm and agree as is appropriate to the circumstances of the case.
• If a mapping error has occurred which requires rectification the Registry cannot substitute or swap maps post registration. A Deed of Rectification / Boundary Agreement / Deed of Variation or Deed of Exchange will be required depending on the circumstances of the case. Note to practitioners 3/2019 regarding mapping queries provides assistance. This can be found on the LPS Practice Directions & Notes to Practitioners page
• Where dealings have been registered out of order it is not sufficient to lodge consent to the re-ordering of the dealings. A Deed(s) of Rectification may be required.

Common Rectification Scenarios

Registered Land

More useful links

• Rectification guidance

• Rectification precedents