Deed of rectification

by Practical Law Property

Maintained | England, Wales

A deed of rectification for correcting mistakes in an existing document concerning real property in England and Wales. This standard document is designed for use when an original instrument, such as a deed or contract, failed to reflect the parties' true intentions. It provides a framework to formally record agreed changes, addressing the crucial distinction between rectification by mutual consent and a court-ordered remedy. This deed of rectification explores key practical considerations, including the importance of securing a guarantor's consent to ensure their guarantee remains effective post-rectification. It also highlights the potential need for other third-party consents and addresses registration requirements with HM Land Registry, considering the provisions of the Land Registration Act 2002. Furthermore, this standard document touches upon compliance with the Law of Property (Miscellaneous Provisions) Act 1989 for contracts involving the sale or disposition of an interest in land.

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