Homeowner's Appeal Against Rectification of Title Succeeds

Rectification of the Land Registry title can only occur where a clear mistake has been proven. A recent decision of the Upper Tribunal (UT) offers important guidance for property owners and conveyancers, after a homeowner successfully overturned an order transferring ownership of his garage and driveway to his neighbour.

Background

The dispute arose when a homeowner, who purchased his house in 2019, was prevented from using his driveway by his neighbour. The neighbour, who had occupied his property since 2000, erected a retractable bollard and claimed that the garage and driveway formed part of his title. He applied to HM Land Registry to have the disputed land transferred to his property.

The matter was first considered by the First-tier Tribunal (FTT), which accepted the neighbour’s argument that the disputed land had been mistakenly included within the homeowner’s registered title. It directed the Land Registry to amend the register accordingly.

The Appeal

The homeowner appealed to the Upper Tribunal, arguing that the FTT had failed to properly consider the legal requirement for rectification. Specifically, rectification requires proof of two mistakes:

1. The land was wrongly omitted from the neighbour’s title.
2. The land was wrongly included in the homeowner’s title.

The UT found there was insufficient evidence of either mistake. The tribunal noted that the two properties were always held under separate titles, and there was no evidence of common ownership. It was possible that the disputed land had been legitimately transferred to the homeowner’s predecessor or acquired by adverse possession.

Tribunal’s Decision

The Upper Tribunal concluded that the FTT had erred in law by presuming mistakes without sufficient proof. It ruled that:

• The neighbour had not demonstrated that two separate mistakes had been made.
• Alternative explanations, such as a legitimate sale or adverse possession, could not be ruled out.
• As a result, the FTT’s decision to rectify the register in favour of the neighbour was set aside.

Key Takeaway for Homeowners and Practitioners

This case reinforces the principle that rectification of the Land Registry title requires robust evidence of mistakes, not assumptions. Property disputes of this nature highlight the importance of clear conveyancing records and the evidential burden on those seeking rectification.

Practical Implications for Solicitors

• Evidential Burden: Clients seeking rectification must demonstrate both an omission from one title and an erroneous inclusion in another.
• Advising Clients: Solicitors should advise homeowners that alternative explanations - such as historical sale or adverse possession - must be properly considered before rectification can be pursued.
• Conveyancing Records: The case underlines the importance of maintaining and examining historical deeds, conveyances, and plans when investigating title boundaries.
• Litigation Strategy: When acting for a homeowner resisting rectification, focus should be on highlighting gaps in the applicant’s evidence and raising credible alternative explanations.
• Risk Management: Firms should be alert to potential disputes during conveyancing and consider whether indemnity insurance may be appropriate when there are uncertainties over title boundaries.

How We Can Help

If you are involved in a Land Registry dispute, facing issues with rectification of title, or need advice from experienced property litigation solicitors, we can help. Our team specialises in resolving complex boundary disputes, title rectification claims, and property ownership disagreements across the UK.

We provide clear, practical advice tailored to your situation and work to protect your interests effectively.

👉 Contact our dispute solicitors today to discuss your case in confidence.