Martin Dray (Falcon Chambers) – Not positively unjust? The difficulty in obtaining rectification of the register against a proprietor in possession.

 

Martin Dray discusses Rees v 82 Portland Place Investments LLP [2020] EWHC 1177 (Ch), which shows that there is no guarantee that an innocent party who loses out by reason of a Land Registry mistake will prevail in securing rectification of the register in its favour. Everything may boil down to whether it is positively unjust not to rectify.

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