When can you file an action to cancel and re-register a title deed?

An action for cancellation and re-registration of title is the remedy for requesting the cancellation of a land registry entry and its registration in the name of the true owner where the entry does not reflect the true legal position or was made unlawfully.

When is it filed?

• Sham (collusive) transfers made by the deceased to deprive heirs of their inheritance
• Where the title has not been transferred despite a promise-to-sell agreement
• Where the contractor fails to perform its obligations under a construction-for-flat-share agreement
• Where the land registry transaction is invalid due to forgery, exceeding the authority under a power of attorney or lack of legal capacity

What should you know?

The action is brought against the person registered as owner. If the property has passed to a third party acting in good faith, rights may be lost, so it is important to check the current registry record quickly and, if necessary, request an interim injunction (an annotation on the title).

The court usually conducts an on-site inspection and expert examination; contracts, registry records, payment documents and correspondence are decisive in this process. The time limit for filing depends on the basis of the claim; apply early to avoid being too late.