Norwich & Peterborough Building Society v Steed [1993]

Mr S was registered proprietor of house.
Went abroad leaving in house his mother, sister and
sister’s husband.
Alleged his sister then induced him to sign power of
attorney enabling his mother to sell house on his behalf.
Alleged transfer took place by way of forged deed in
favour of sister and her husband who were then registered as joint proprietors.
They then mortgaged house to building society.
Mr S applied to have registered charge of building
society rectified under s82 of LRA 1925.
Court of Appeal held there could be no rectification against
building society.
(i)  Para (a)
and (b) give court jurisdiction to rectify wherever proprietor would have been
bound by the claim in unregistered land.
To hold otherwise would mean creating new substantive
rights in respect of registered land which Parliament did not intend.
(ii)  There is
no general discretion to rectify.
(iii)  Nor could
Mr S could not rely upon para (d) because it stipulates that registration must be obtained by fraud
whereas here it was the transfer that
was induced by fraud.