3(1)This paragraph applies to the power under paragraph 2, so far as relating to rectification.E+W
(2)If alteration affects the title of the proprietor of a registered estate in land, no order may be made under paragraph 2 without the proprietor’s consent in relation to land in his possession unless—
(a)he has by fraud or lack of proper care caused or substantially contributed to the mistake, or
(b)it would for any other reason be unjust for the alteration not to be made.
(3)If in any proceedings the court has power to make an order under paragraph 2, it must do so, unless there are exceptional circumstances which justify its not doing so.
(4)In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.