Discretion in Property Law: A Study of Judicial Correction of Title

Abstract

This paper examines discretionary decision making in a property law context: the statutory power to correct a mistaken entry on the land register. This discretionary power has importance as an occasion when the allocation of property occurs without fixed rules but is put into the control of the court without guidance on content or goals. The case-law is studied using legal empirical analysis. The judicial approach is described and findings are analysed. The paper relates the conclusions to doctrinal and policy debates in land registration and discusses how the judicial input advances understanding of the registration system as an integrated whole.