Registry Entry Pursuant to a Court Order Subsequently Set Aside

Abstract

Whether an entry in the land register can be upset is a question that hinges upon the availability of the powers of alteration under the Land Registration Act 2002. The scope of these alteration powers is crucial for registered land because they determine when security of registered title may have to give way to more important values, such as the need to give relief against the effects of fraud or error. Despite that pivotal function, their scope is not always clear and any elucidation by the court is welcome. Antoine v Barclays Bank UK PLC adds clarity to one aspect of the alteration powers in factual circumstances that are not so common. The Court of Appeal held that a register entry made pursuant to a court order subsequently set aside is not a ‘mistake’ for the purpose of the correction head of the alteration powers. The decision brings coherence to the case law, and it successfully maintains the integrity of the recondite statutory provisions about alteration of the register, while highlighting the limits of the land register’s reliability.