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High Court grants order reinstating a charge on a folio that had been removed by 'edischarge' in error, where it was necessary that the chargee join in a sale as mortgagee in possession in order that the purchaser obtain title free from other incumbrances, on the grounds that the High Court had the power to rectify the register in any case of mistake.
Application to reinstate a charge discharged in error - registration of title - Section 31(1) of the Registration of Title Act 1964 - 2006 judgment - 'edischarge' in 2017 - mortgagee in possession - power of High Court to correct any error or fraud that resulted in unreliable information being recorded in the register - agreement to transfer property free from encumbrances - mistake - prejudice - enquiry as to whether chargee was prepared to consent to sale.
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