Mistakes, mispleading and overreaching: understanding title registration and correcting the register

Abstract

Purpose The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title is registered, where there has been a mistake and how that connects with the doctrine of overreaching. Design/methodology/approach This paper analyses the reported judgements, with particular emphasis on the decision in Knight v Fernley (2021). Findings This paper explores the concepts of “mistake” and “overreaching” and concludes that LRA 2002 provides a complex, but complete answer to concerns about the application of these doctrines. Practical implications This paper will encourage certainty in the judicial decision-making process when “mistakes” occur in the land register. It will contribute to the resolution of difficult, and current, controversies. Social implications To enable legal advisers to be clear in their obligations and the advice they give to clients, and to further a better understanding of of title registration in England and Wales. Originality/value The LRA 2002 replaces registration of title with title by registration. The real force of this is only now being realised and there are few reported judgements, and less consistency, working out what this means in practice. There are no other comments on this critical case, even though it helps elucidate the circumstances in which the title register may be altered.