Article 2.2.8 Title Protection and Fraud Exceptions

(a) Principle of Indefeasibility:

(i) Title to real property or a registrable interest, once validly registered in the ICT Land Registry, shall be conclusive and indefeasible.

(ii) The registered proprietor shall be deemed the legal owner of the interest stated in the register, free from any unregistered interest, claim, or equity, except in the limited circumstances expressly set out below.

(iii) Constructive notice, equitable claims, or knowledge of competing interests shall not defeat the title of a bona fide registered proprietor who acquires for value and without actual fraud.

(iv) For the avoidance of doubt, a registered proprietor who acquires an interest for value in good faith shall not be prejudiced by any latent defect, prior equitable interest, or procedural irregularity, unless actual fraud is established.

(b) Exceptions to Indefeasibility:

(i) Registration obtained by actual fraud may be set aside or corrected by order of the ICT Court.

(ii) The ICT Court may also set aside registration where:

(iii) The registered proprietor was a party to a forged or materially false instrument;

(iv) The interest was acquired through manifest procedural error or unlawful coercion; or

(v) The registration occurred as a result of clerical or systemic error not attributable to the applicant, provided the error is challenged within a reasonable time.

(vi) In such cases, the ICT Court may order rectification of the register or equitable compensation, with priority given to the integrity and stability of the register.

(c) Court-Ordered Rectification and Compensation:

(i) The ICT Court may order rectification of the ICT Land Registry to correct:

(ii) Fraudulent, forged, or materially defective entries;

(iii) Clerical or administrative errors; or

(iv) Situations where manifest injustice would result if the entry remained.

(v) Rectification shall not be ordered where doing so would prejudice a bona fide purchaser for value who acquired the interest in reliance on the register, unless the purchaser engaged in actual fraud.

(vi) Where rectification is not possible or appropriate, the Court may award equitable compensation against the Operator or responsible party. Such compensation shall be assessed having regard to causation, foreseeability, procedural compliance, and any contributory conduct by the claimant.

(d) Operator and Land Registrar's Powers:

(i) Land Registrar may correct minor or clerical errors, or annotate entries to clarify scope, status, or subsisting challenges, as further detailed in Article 2.2.10(m), provided notice is given to affected parties.

(ii) The Land Registrar shall not remove or alter registered interests without consent of the registered proprietor or an ICT Court order.

(e) Unregistered Interests and Caveats:

Unregistered interests shall not bind registered proprietors unless: protected by caveat or priority notice; acquired through overriding legislation expressly stated in this Code; or recognised as an overriding interest by express ICT Court order in exceptional cases involving manifest fraud or deception.

(f) Compensation Fund or Assurance Mechanism:

(i) The Operator may establish and administer a compensation fund or insurance mechanism to address losses suffered by persons deprived of an interest in land due to:

(ii) Fraud, forgery, or mistake in the ICT Land Registry;

(iii) Involuntary rectification where the person is not at fault; or

(iv) Registration defects for which equitable redress is ordered.

(v) The rules governing eligibility, claims, and quantum of compensation may be set out in supplementary Land Registry regulations or guidelines issued by the Operator or the Land Registrar.

(g) Operator and Registrar Protections and Duties:

(i) The Operator and Land Registrar shall be indemnified against liability for any rectification, refusal to register, or administrative act done in good faith and in accordance with this ICT Code or applicable Land Registry Regulations.

(ii) The Land Registrar shall have a duty to maintain the integrity and accuracy of the register and may issue supplementary guidance clarifying procedural safeguards or evidentiary standards required for registration, rectification, or fraud claims.