§ Mr. McWilliamTo ask the Parliamentary Secretary, Lord Chancellor's Department, under what circumstances the Land Registry is permitted to change the registered boundaries of land registered with it in the absence of supporting records or court decisions. [50015]
§ Mr. WillsThe registered extent of a property can be changed only where it is established that the present registered extent is wrong. If someone believes that there is an error in the registered extent of their property, it is open to them to apply for rectification of the register and title plan under the relevant provisions of the Land Registration Acts and Rules. Any application for rectification must be supported by evidence. If satisfied that there is an arguable case for rectification, the Land Registry will serve notice on interested parties, and may rectify the register or title plan if no objection is received, or if any objection which is received is considered to be groundless. In any other case, the Land Registry can correct an error in the register or title plan only with the consent of all relevant parties, or following a judicial determination by the Court, or by the Solicitor to HM Land Registry. The Court and the Solicitor will order rectification of the register or title plan only if (1) it is established on the evidence that there is an error, and (2) they consider that they should exercise their statutory discretion in favour of rectification.