Rectification and indemnity
There are limits on the amount of indemnity payable if the indemnity relates to
the... - correct answer ...loss of land, an interest in land or a
charge.
If the loss was caused by the rectification of the register, indemnity is capped at the
value of that land, interest or charge immediately prior to rectification.
If the loss is caused by a mistake that is not corrected, or a mistake before the
register was rectified, indemnity is capped at the value of the land, interest or
charge at the time the mistake was made.
Section 131 (What constitutes a registered proprietor in possession) of the Land
Registration Act 2002 makes it clear that this means... - correct answer
...physical possession, and that it extends to a person (other than a squatter) who is
entitled to be registered as proprietor.
However, there are 4 types of relationship where slightly different rules apply and
the possession of another person is attributed to the registered proprietor. This will
be the case where: - correct answer 1) the registered proprietor is
a landlord and the person in possession is the tenant
2) the registered proprietor is a mortgagor and the person in possession is the
mortgagee
3) the registered proprietor is a licensor and the person in possession is the licensee
4) the registered proprietor is a trustee and the person in possession is the
beneficiary
= In these cases, the tenant, mortgagee, licensee and beneficiary do not have to be
in physical possession themselves. It will be sufficient if they are treated as being in
possession, for example if a tenant has sublet.
