What does Rectification mean? Rectification, in land registration practice, is the alteration of the register of title to correct a mistake that adversely affects a registered proprietor’s title. In England and Wales, the Land Registration Act 2002 (Schedule 4) defines rectification as an alteration correcting a mistake which prejudicially affects the title of a registered proprietor; it may be ordered by the court or made by HM Land Registry in limited cases, with indemnity generally available for loss. Typical situations include erroneous entries, wrongful cancellations, boundary and description errors, and registrations obtained by fraud. In Scotland, under the Land Registration etc. (Scotland) Act 2012, the...
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The presence of a town or village green (TVG) can curtail, or even halt, development. Interfering with, or disturbing, the use or enjoyment of a TVG is a criminal offence. Accordingly, applying to register a TVG is a powerful tool for anyone seeking to stop a development. TVGs may, or may not, be subject to rights of common. They are areas of open land used by inhabitants of the town, village or parish for lawful sports and pastimes. There is no legal distinction between town greens and village greens; the terminology simply depends on location. See also Practice Notes: Town and village greens—making an application to register a TVG, Town and village greens—registration, rectification, correction and deregistration, and Town or village greens—property development.
The Commons Registration Act 1965 (CRA 1965) introduced a new requirement to create a permanent, conclusive record of the extent of common land and town or village greens, and of rights of common exercisable over any such land. Local authorities were responsible for entering land on the commons registers. Since the commencement of CRA 1965, all land in England and Wales which is...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...