Land Registration Act 1925 (repealed)

83 Right to indemnity in certain cases.F5 E+W

(1) Subject to the provisions of this Act to the contrary, any person suffering loss by reason of any rectification of the register under this Act shall be entitled to be indemnified.

(2) Where an error or omission has occurred in the register, but the register is not rectified, any person suffering loss by reason of such error or omission, shall, subject to the provisions of this Act, be entitled to be indemnified.

(3) Where any person suffers loss by reason of the loss or destruction of any document lodged at the registry for inspection or safe custody or by reason of an error in any official search, he shall be entitled to be indemnified under this Act.

(4) Subject as hereinafter provided, a proprietor of any registered land or charge claiming in good faith under a forged disposition shall, where the register is rectified, be deemed to have suffered loss by reason of such rectification and shall be entitled to be indemnified under this Act.

(5) No indemnity shall be payable under this Act in any of the following cases:—

[F1 (a) Where the applicant or a person from whom he derives title (otherwise than under a disposition for valuable consideration which is registered or protected on the register) has caused or substantially contributed to the loss by fraud or lack of proper care;]

(b) On account of any mines or minerals or of the existence of any rights to work or get mines or minerals, unless a note is entered on the register that the mines or minerals are included in the registered title;

(c) On account of costs incurred in taking or defending any legal proceedings without the consent of the registrar.

(6) Where an indemnity is paid in respect of the loss of an estate or interest in or charge on land the amount so paid shall not exceed—

(a) Where the register is not rectified, the value of the estate, interest or charge at the time when the error or omission which caused the loss was made;

(b) Where the register is rectified, the value (if there had been no rectification) of the estate, interest or charge, immediately before the time of rectification.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

[F3 (8) Subject to subsection (5)(c) of this section, as amended by section 2(2) of the M1 Land Registration and Land Charges Act 1971—

(a) an indemnity under any provision of this Act shall include such amount, if any, as may be reasonable in respect of any costs or expenses properly incurred by the applicant in relation to the matter; and

(b) an applicant for an indemnity under any such provision shall be entitled to an indemnity thereunder of such amount, if any, as may be reasonable in respect of any such costs or expenses, notwithstanding that no other indemnity money is payable thereunder.]

(9) Where indemnity is paid for a loss, the registrar, on behalf of the Crown, shall be entitled to recover the amount paid from any person who has caused or substantially contributed to the loss by his fraud.

(10) The registrar shall be entitled to enforce, on behalf of the Crown, any express or implied covenant or other right which the person who is indemnified would have been entitled to enforce in relation to the matter in respect of which indemnity has been paid.

(11) A liability to pay indemnity under this Act shall be deemed a simple contract debt; and for the purposes of [F4 the M2 Limitation Act 1980], the cause of action shall be deemed to arise at the time when the claimant knows, or but for his own default might have known, of the existence of his claim:

Provided that, when a claim to indemnity arises in consequence of the registration of an estate in land with an absolute or good leasehold title, the claim shall be enforceable only if made within six years from the date of such registration, except in the following cases:—

(a) Where at the date of registration the person interested is an infant, the claim by him may be made within six years from the time he attains full age;

(b) In the case of settled land, or land held on trust for sale, a claim by a person interested in remainder or reversion, may be made within six years from the time when his interest falls into possession;

(c) Where a claim arises in respect of a restrictive covenant or agreement affecting freehold land which by reason of notice or the registration of a land charge or otherwise was binding on the first proprietor at the time of first registration, the claim shall only be enforceable within six years from the breach of the covenant or agreement;

(d) Where any person interested is entitled as a proprietor of a charge or as a mortgagee protected by a caution in the specially prescribed form, the claim by him may be made within six years from the last payment in respect of principal or interest.

(12) This section applies to the Crown in like manner as it applies to a private person.

Textual Amendments

F1 S. 83(5)(a) substituted by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), s. 3(1)

F2 Ss. 83(7), 85 repealed by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), Sch. 2 Pt. II

F3 S. 83(8) substituted by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), s. 2(4)

F4 Words substituted by Limitation Act 1980 (c. 58, SIF 79), Sch. 3 para. 1

Modifications etc. (not altering text)

C1 S. 83(5)(c) excluded by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), s. 2(2)

C2 S. 83(6)(a) modified by Land Registration Act 1986 (c. 26, SIF 98:2), s. 5(3)(4)

Marginal Citations

M1 1971 c. 54 (98:2).

M2 1980 c. 58 (79).

Textual Amendments applied to the whole legislation

F5 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)