영국의 부실등기에 대한 피해보상제도

In England, The Land Registration Act 2002 lays down the circumstances in which a mistake in the register can be put right, and when it can’t. This is coupled with a scheme to compensate those who suffer loss because of a mistake in the register, whether or not it is corrected. The circumstances in which a register can be altered are set out in Schedule 4 to the Land Registration Act 2002. Alterations can be ordered by the court or effected by the registrar to correct a mistake, to bring the register up to date, to give effect to any estate, legal right or interest that is not affected by registration or to remove a superfluous entry. Following an application for alteration, the registrar is obliged to rectify the register unless there are exceptional circumstances that justify not doing so. Rectification is the correction of a mistake that prejudicially affects the title of a registered proprietor. An alteration that reflects an overriding interest will not amount to rectification. If the registered proprietor is in possession of the land in question, the register can only be rectified if they agree. This restriction does not apply if either the registered proprietor has caused or substantially contributed to the mistake because they have either been fraudulent or not exercised sufficient care or it would be unjust not to correct the mistake. Mistakes in the register can result in losses to those affected by them. The statutory compensation scheme covers anyone who suffers loss as a result of the rectification of the register, a mistake in the register that could have been rectified but was not, or a mistake in the register before it was rectified. None of these categories require the person concerned to establish that Land Registry (or anyone else) was responsible for the mistake. But there are restrictions on claims for indemnity. It is only possible to claim indemnity in respect of mines or minerals if there is a note in the register confirming that they are included in the title. And a claimant will lose their right to apply to the court for indemnity after six years. If any part of the claimant’s loss has been caused by their own fraud, then they lose the right to indemnity. A claimant also loses the right to claim indemnity if their own lack of proper care caused their loss. Also there may be circumstances where the claimant has partly contributed to the loss they have suffered by their lack of proper care. In these cases any indemnity payable may be reduced.