NRAM Ltd v Evans [2018] 1 WLR 639

Facts

  • NRAM Ltd, a mortgage lender, registered a charge over a property owned by Mr. Evans.
  • Due to an administrative error, the charge was mistakenly removed from the Land Register.
  • NRAM Ltd applied for rectification under Schedule 4 of the Land Registration Act 2002 (LRA 2002), asserting the removal was a mistake that prejudicially affected its rights as a secured creditor.
  • Mr. Evans opposed the rectification, arguing the removal did not constitute a "mistake" under Schedule 4 and claimed the error resulted from NRAM's own failure to comply with procedural requirements.
  • The dispute required the court to balance the interests of the secured creditor and the registered proprietor, considering whether rectification was appropriate in the circumstances.

Issues

  1. Whether the mistaken removal of the charge from the Land Register constituted a "mistake" under Schedule 4 of the LRA 2002.
  2. Whether rectification of the register was permissible and appropriate under the statutory framework.
  3. Whether the mistake was attributable to NRAM Ltd's actions or was solely an administrative oversight by the Land Registry.
  4. What effect rectification would have on the interests of the registered proprietor and secured creditor.

Decision

  • The Court of Appeal held that the removal of the charge constituted a mistake under Schedule 4 of the LRA 2002.
  • Rectification was granted to correct the register and restore NRAM Ltd's charge, as the mistake prejudicially affected the lender's rights.
  • The court determined the error was due to an administrative oversight by the Land Registry, not negligence by NRAM Ltd.
  • The judgment highlighted the necessity of protecting the interests of secured creditors who rely on the register.

Legal Principles

  • "Mistake" under Schedule 4 of LRA 2002 includes both administrative and substantive errors resulting in register inaccuracy.
  • Rectification is a discretionary remedy and may be exercised even if the error arose from the actions of parties involved in the transaction, not solely the Land Registry.
  • The primary purpose of rectification is to ensure the register remains an accurate and reliable record.
  • The exercise of rectification powers requires balancing the interests of all parties affected by the mistake.

Conclusion

The Court of Appeal in NRAM Ltd v Evans confirmed that rectification of the Land Register under Schedule 4 of the Land Registration Act 2002 is available to correct both administrative and substantive mistakes. The case affirms that maintaining register accuracy is essential for the protection of property rights and emphasizes the discretionary nature of rectification, focusing on the fair balance between the interests of registered proprietors and secured creditors.

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