Recently, a local council applied to have the register amended after it discovered that a family had built a garage on land which was incorrectly shown as part of their property on the plans filed as part of their registered title. Had the council’s application been successful, part of the garage would then have been situated on its property.
The council argued that the register should be an accurate record of the ownership of the land regardless of who was in possession of it, so it should be altered.
The judge refused to order the register to be altered, because if the Council were to take legal action to recover the land, it was probable that it would fail. There would be no point in altering the register whilst leaving the issue over the garage unresolved.