The claimant sought compensation from the Land Registrar for losses arising from following the results of an index map search. They relied upon a certificate showing certain land to be unregistered, in entering into a contract for its sale. A retention was made against the need to register. The errors caused it to be impossible to obtain the title. The registry argued that the search should have led the claimant to make further enquiries.
Held: the rules were simple. The search certificate was incorrect. Under the Act, compensation was payable where loss was incurred ‘by reason of’ an error in an official search. That did not require the error to be the sole cause of the loss, but merely a cause. The duty of care expected of the Registry was akin to that which was to be expected of a conveyancer, and the certificate was not a signpost to other inquiries and could be relied upon in respect of that which it certified.
Judges:
The Hon Mr Justice Lightman
Citations:
Times 23-May-2002
Statutes:
Land Registration (Open Register) Rules 1991 (SI 1992 No 122) 9, Land Registration Act 1925 81
Jurisdiction:
England and Wales
Registered Land
Updated: 12 May 2022; Ref: scu.169993
