There Is A Mistake In My Title Deeds, What Can I Do?
Conveyancing Posted 5 September 2024HM Land Registry deal with a lot of applications all the time. This means that there is a chance that a mistake can slip through the net and go unnoticed. While a mistake in title deeds is an unwelcome surprise, it will be unexpected and unusual. But what can you do if you notice a mistake in the title deeds?
How Big Is The Mistake In The Title Deeds?
If it is a small spelling mistake or incorrect date this won’t make a major impact on the title. All you need to do is inform the HM Land Registry of the error. You may need to provide some evidence to prove the error. The Land Registry will then correct the mistakes, often without the need of a formal application.
However, if the mistake in the title deeds adversely effects the registered title this is more serious. For example, it could lower the value of the property or remove land from the property. The alterations in this case will be classed as a rectification. These mistakes can be quite significant. This is especially the case if the mistake is in relation to a boundary on the farm where the area of land can be extensive.
If the land that has the error is in possession of the registered proprietor, then the register can only be rectified if they agree to it. There are occasions where this can lead to dispute. If this is the case, we would recommend seeking an early dialogue with affected parties. The aim of this dialogue is to seek agreement in advance of the application.
Once you have logged your mistake query for the title deeds, you will receive an application to rectify the register. At this time, the Land Registry will notify the registered proprietors of this. They will also register any charges and contact any other interested parties in the land. The parties contacted by HM Land Registry will normally have 15 days to object. However, they can ask for extra time if they would like to fully investigate the issue or set out their objections.
The Land Registry will then look at any objections. They will check if the parties have reasonable grounds to object. If they do, the rectification application can not be completed until a resolution to the dispute is met. In the unlikely case that the applicant and the objectors cannot reach an agreement to settle the dispute, it will then be referred to a tribunal.
These are challenges that our property lawyers and conveyancers in Peterborough can help you overcome. Once you have received your registered title deeds check them carefully, then go back to your conveyancer promptly. They can then manage any concerns or queries on your behalf.