143. Rectification by Court
Feedback & supportLast amended by an amending law of 1976.
Subject to subsection (2), the Court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:
where two or more persons have, by mistake, been registered as proprietors of the same registered estate or interest in the land comprised in a folio of the land-register;
where the Court is satisfied that any registration or notification of an instrument has been obtained through fraud, omission or mistake; or
where the Court has declared that any instrument which purports to pass any estate or interest in any residential property within the meaning of the Residential Property Act [Cap. 274] is void pursuant to section 24 of that Act.
The land-register shall not be rectified so as to affect the registered estate or interest of a proprietor who is in possession unless that proprietor is a party or privy to the omission, fraud or mistake in consequence of which the rectification is sought, or has caused that omission, fraud or mistake or substantially contributed thereto by his act, neglect or default.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Subsection (2) shall not apply in the circumstances referred to in subsection (1)(c).[139