Unlawful Registration and Rectification of the Land Register

Real Estate and Property

Prepared by: Constantinople

Someone appearing as registered owner does not establish that the underlying transaction is valid in every case. An entry lacking legal basis or resting on a non-binding transaction may require examination as unlawful registration.

Why Is the Entry Unlawful?

Unlawfulness is not limited to an incorrectly written name. An invalid transfer, unauthorised representation or absence of legal basis may affect ownership registration. Not every payment dispute between parties makes the register unlawful. The claimant must specifically explain which right in rem has been impaired by which entry or amendment.

Against Whom Is Rectification Sought?

The current registered owner, previous transfers and holders of limited rights in rem, if any, are identified together. If the outcome affects another person's acquired right, it cannot be disregarded. Protection of third parties acquiring rights in good-faith reliance on the register remains applicable. Claims against someone who knew or ought to have known of the entry differ from the position against a good-faith acquirer.

Distinguish Name Correction from Ownership Disputes

Identity errors between civil registration and land records require different examinations from an allegation that the property belongs to someone else. A claim changing ownership cannot be treated as simple clerical correction. If a further transfer threatens, provisional protection consistent with the rectification claim is assessed separately.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Historical chain of land register entries
• Official deed of the allegedly unlawful transaction
• Agreement or power of attorney underlying the transaction
• Earlier entry showing entitlement
• Subsequent transfer and mortgage entries

Why Do the Particular Circumstances Matter?

For example, a transfer based on an old power of attorney and a later mortgage are examined at their respective dates. Which transaction is invalid and why is considered first, followed by the new right holder's conditions for reliance on the register. Describing only the first transaction does not explain the whole chain.