What happens if you think there is an error on the title register of your property? Can you alter such a title register mistake?
The answer is yes, but be aware that you will need to provide valid proof, especially if that mistake involves other’s land. What amounts to valid proof of a title registration mistake? A recent judgement in the Upper Tribunal (Lands Chamber) sheds some light on this.
The Tribunal recently heard an appeal case, Mr Kayalaipilai Suhitharan v Mr Henryk Jan Iwaskiewicz [2025] UKUT 144 (LC), and decided the First Tier Tribunal erred on their judgement in relation to a mistake on first registration. The Tribunal stressed again that title to registered land in England and Wales depends upon the register, not upon deeds. Although the register can be altered if it contains a mistake, and sometimes preregistration deeds can be evidence of a mistake on the register.
Background
The case involves 2 neighbouring freehold properties, number 4 and number 2 in Bedford. The Tribunal was showed plans of the land before changes were made by the land registry.
One plan shows the original boundary of number 4, including an area added in 1996. The other shows number 2 with the disputed land shaded, before any changes. The disputed land includes a garage with a large door and a driveway where cars are parked. The garage has a door into number 4’s garden.
The Respondent bought number 4 in 2000. He believed that the disputed land was part of his property based on the estate agent’s brochure, which described a driveway and garage belonging to number 4. He used the driveway and garage without problems until 2019, when the Appellant bought number 2. The Appellant then objected to the Respondent parking there and installed a bollard to prevent it. In response, The Respondent applied to the Land Registry to clarify his ownership. The legal framework relied on is Schedule 6 to the Land Registration Act 2002, on rectification on title.
Notably, the Respondent did not provide the deed showing his ownership or his solicitor’s files from 2000. He argued that older deeds from the 1940s indicate the disputed land was part of number 4, suggesting a mistake was made during the land registration process when the land was left out. He did not specify when the registration took place.
At First Tier Tribunal, the Judge considered the evidence provided but had ignored the need to find two mistakes: both the omission of the disputed land from the title to number 4 and its inclusion in the title to number 2 and had not establish the nature (including the timing and the manner) of the mistakes.
Principle of Title Registration
The Judge directed the register to reverse the alteration on the title based on FTT’s decision. He concluded that the Respondent did not demonstrate that the land was incorrectly omitted or included due to a mistake. His failure was not in finding a mistake per se, but in proving that such a mistake occurred. He did not examine historic copies of the register, which are available for inspection, nor did he investigate when the properties were first registered or when registration became compulsory in Bedford.
This limited investigation prevented him from uncovering explanations such as sale transactions or adverse possession that could clarify discrepancies. The evidence he presented only showed discrepancies between the register in 2019 (and at his purchase in 2000) and the register in 1946, nearly 80 years prior. Such a long period makes discrepancies insufficient grounds to claim a mistake.
The judge highlighted that the principle of title registration is that ownership titles for registered land depends on the registration process itself, not solely on deeds or historical records. Therefore, inconsistencies with older deeds do not automatically indicate errors on the register.
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