SCHEDULES
C1SCHEDULE 4Alteration of the register
3
1
This paragraph applies to the power under paragraph 2, so far as relating to rectification.
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.
Sch. 4 excluded (27.9.2004) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 6(2), 181(1); S.I. 2004/1832, art. 2