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Deed of Rectification

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The solicitor who was appointed to me was outstanding
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After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
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I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
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About

A Deed of Rectification (also sometimes called a Deed of Confirmation) is a legal document that corrects mistakes in a previous deed. A property solicitor can help draft a Deed of Rectification to make sure it's legally binding and follows the correct legal procedures in the UK.Next steps

How much does a Deed of Rectification cost?

The cost for a licensed solicitor to help with a Deed of Rectification is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £750-£1,000 but in some cases it could cost as much as £1,250.

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Deed of Rectification Solicitors

Mistakes on deeds or other documents relating to property may not be noticed until years later, like during a property sale or re-mortgage. However, errors in charges, registered rights, or incorrect boundaries can affect property value and need fixing quickly sooner rather than later.

These mistakes matter not just to property owners but also to lenders or mortgagees looking for certainty about secured property.

On a development site, restrictions on individual plot titles can block certain actions, like granting shared ownership leases, causing potential delays in sales.

If you have encountered a mistake, a solicitor can help you to draft a deed of rectification to correct any issues with deeds in line with the law.

For more information, get a free case assessment and no-obligation fixed-fee quote today.

What is a deed of rectification?

A deed of rectification is a legal document that can be used to fix mistakes in a deed or other existing document relating to real property.

It's often used when a property deed contains errors and allows mistakes to be officially fixed on the register of title at the Land Registry.

It is sometimes known as a rectification deed.

What is rectification?

Rectification is a specific kind of change to a registered title. It's not just about updating the register or fixing administrative errors in documents. It's about correcting mistakes in the register that may harm a registered owner's title.

To start rectification, you need to apply to the Land Registry to see if it's appropriate.

If successful, the Land Registry or a court order can fix the title register.

There's a compensation scheme to cover losses from rectification, mistakes not corrected in the register, or mistakes before rectification.

How do mistakes happen?

Errors are a fact of life, and there are many reasons why a property deed registered with the Land Registry may contain mistakes. More often than not, these errors come about due to something important being overlooked like a restrictive covenant or entry to a right of way.

While it's not the end of the world, if a legal issue were to come up and the deed was incorrect, this could have an impact on a homeowner. Especially if the error was related to the problem they were experiencing, such as a boundary dispute with a neighbour.

Therefore, it's a smart move to address mistakes as soon as possible if identified, even if you don't anticipate any disputes on the horizon or intend to sell a property anytime soon. The fact of the matter is, that you have no idea what may be around the corner, and taking simple steps to make sure everything is present and correct in your title deeds may mean one less headache further down the line.

That being said, if you do discover an error when you come to sell your property, you'll likely still be able to fix it quickly with a deed of rectification.

Common Land Registry mistakes

Common mistakes we often see in the land registry include:

  • A missing right of way, like a shared driveway or access path;

  • More land than is owned;

  • Land mistakenly registered under two different titles;

  • Missing restriction on how land can be used.

How much does a deed of rectification cost?

The cost of a deed of rectification can vary depending on complexity, chosen solicitor, location, and the property.

Generally, you might expect to pay between £750-£1000. In some cases, it could cost as much as £1,250.

At Lawhive, our solicitors work online for fixed fees to help everyone access the law when and how they need to. Our network of property solicitors is on hand to help you with your deed of rectification today, get in touch with our legal assessment team for a case evaluation and free quote.

How long does a deed of rectification take?

Property transactions can take a while or may be delayed due to different factors or unanticipated complexities. For example, once the deed is created it must be sent to the Land Registry, whose registration times can vary due to how busy they are.

The truth is, it's really difficult to put a time frame on it.

Should you choose to use one of our deed of rectification solicitors for your matter, we aim to assign the best solicitor to your case within 24 hours and have a solicitor working on your case within a maximum of 48 hours.

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Rectification in UK law

The Land Registration Act 2002 deals with two key things related to mistakes in the land registry:

  1. Correcting errors in the register, such as incorrect ownership details.

  2. Compensating those who suffer loss due to errors if a perfect fix isn't possible.

In essence, the Act aims to maintain the accuracy of the land registry while protecting the interests of those who may be affected by errors.

When can a land register be altered?

Land registry records may be changed to:

  • Fix a mistake, such as a typo in a name or an error in the registered plot size;

  • Update outdated information (i.e. in the case of inheritance);

  • Add missing rights like easements or restrictions.

How to request a change to land registry records

To make a change to land registry records you may apply directly to HM Land Registry or, in more complex cases or disputes you might need a court order to change it.

It's important to note that the registrar isn't obligated to make changes if there are good reasons not to. Further, if you go to court, they also have the right to refuse an order.

Who can correct registry mistakes?

The registered proprietor has the final say on correcting registry mistakes unless they cause the mistake or, in the eyes of the law, the mistake benefits the registered proprietor unjustly at someone else's expense.

Who counts as "in possession" for Land Registry corrections?

Normally, the owner who physically controls the land in question has the final say on corrections. But things can get tricky when others are involved.

If the owner rents, mortgages, licenses, or holds the land in trust for someone else, that person's possession counts too. Even if they don't live there, they might have a say when it comes to corrections.

Similarly, if a tenant sublets their possession is also relevant.

Compensation for Land Registry errors

If there's a mistake in your land registry details and it leads to financial loss, you may be able to seek compensation in certain circumstances under a scheme called 'indemnity.'

A mistake under this scheme could be anything from incorrect ownership details to boundary errors and includes any errors made before the current system existed.

You don't need to prove who made the mistake or if it was avoidable to make a claim and, if your situation doesn't fall under the 'indemnity' scheme but results from wrongdoing on the part of HM Land Registry, you may still be able to seek other types of compensation.

How to apply for rectification

If you think you've come across an error in your land registry records, in the first instance it's a good idea to contact HM Land Registry who will take a look and advise on the next steps.

If you want to apply to fix the records you should fill out form AP1 and send it to the Land Registry.

On this form, you must clearly explain the mistake, desired correction, and justification. You'll usually need to pay a fee, too, however, in some circumstances, this may be waived or you can get a refund later on.

When you apply for a mistake in the land registry to be fixed, certain people will be notified, including:

  • Anyone who owns the land or has a financial claim on it related to the correction;

  • Those who have 'notices' registered on the land, like rights of way;

  • Other people HM Land Registry feel might be impacted.

Individuals notified have 15 working days to respond to the notice (although they can request an extension if needed). This process is designed to make sure everyone involved has a chance to make their voice heard before changes are made.

Dealing with objections

If any of the above parties, after being notified, objects then the HM Land Registry will tell you about the objection and its details. You can then choose to:

  1. Try to reach an agreement between you and the objector;

  2. Drop the application altogether.

If you choose to go ahead with the application, you might consider mediation in the first instance to negotiate with the objector. But, if you can't reach an agreement, the case will go to the Land Tribunal for a final decision.

How can Lawhive help?

At Lawhive, our network of expert property solicitors is on hand to help you with a Deed of Rectification should it be appropriate for your situation.

For more information, get in touch with our legal assessment team today for a case assessment and a free fixed-fee quote for our solicitor services.

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