Rectification and indemnity (PG39)
Correction of certain types of mistake in the register (rectification) and the payment of compensation (indemnity) (practice guide 39).
Applies to England and Wales
Documents
Details
Aimed at conveyancers, this guide includes information on making an application for rectification and indemnity (including reimbursement of costs and other expenses), on points to consider in cases of fraud and on other circumstances when indemnity may be payable.
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Last updated 4 April 2022 + show all updates
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Sections 1.5 and 11 have been amended to clarify when HM Land Registry may offer compensation in respect of maladministration.
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Section 10 has been amended to confirm that where a conveyancer has carried out the higher standard of identity verification described in practice guide 81: encouraging the use of digital technology in identity requirements, HM Land Registry will not pursue a recourse claim resulting from the registration of a fraudulent transaction.
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Section 2.2 has been updated to remove mention of customer team as this process is no longer in place. A reference to '15 business days' has been changed to '15 working days' in accordance with the Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018.
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Section 5 has been amended to clarify the address to which legal proceedings should be served on the Chief Land Registrar.
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Section 8.2 has been amended to cross refer to sections 2 and 3 of practice guide 38: costs in relation to the registrar’s power to give consent to incur costs.
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Changed the address for serving court orders on Land Registry.
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Section 11 has been amended as a result of changes to the Chief Land Registrar’s delegated authority to make maladministration payments.
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Sections 1.1 and 2.1 have been amended for clarification, and to avoid misunderstanding in this sensitive and complex area. Section 5 has been amended to include an address for service of proceedings on Land Registry to ensure that any proceedings come to the attention of Land Registry Head Office as soon as possible.
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Section 11 has been amended to confirm that discretionary payments for maladministration have to be approved by HM Treasury.
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Link to the advice we offer added.
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First published.