England and Wales · Land Registration
When does time run for a Land Registration indemnity claim?
Schedule 8 paragraph 8 treats indemnity liability as a simple contract debt and supplies a knowledge-based accrual rule. Section 5 of the Limitation Act ordinarily gives six years. Establish actual or constructive knowledge and any applicable limitation qualification.
- Period
- Schedule 8 paragraph 8 treats indemnity liability as a simple contract debt and supplies a knowledge-based accrual rule. Section 5 of the Limitation Act ordinarily gives six years. Establish actual or constructive knowledge and any applicable limitation qualification.
- Trigger
- Actual or constructive knowledge of the existence of the Schedule 8 indemnity claim
- Rule
- Land Registration Act 2002, Schedule 8 paragraph 8
Reviewed against the retained current Land Registration Act 2002, Schedule 8 paragraph 8 and its recorded official acquisition. The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment.
Source guide · No automated date
Check the applicable procedure
The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment. The six-year action limit is not the same as a guaranteed administrative response date or an automatic finding of indemnity entitlement.
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When does time run for a Land Registration indemnity claim?
Schedule 8 paragraph 8 treats indemnity liability as a simple contract debt and supplies a knowledge-based accrual rule. Section 5 of the Limitation Act ordinarily gives six years. Establish actual or constructive knowledge and any applicable limitation qualification.
Responsible actor. The claimant establishing the indemnity claim’s existence and accrual.
Actual or constructive knowledge of the existence of the Schedule 8 indemnity claim.
The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment.
The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment.
Land Registration Act 2002, Schedule 8 paragraph 8How does this provision count time?
- Schedule 8 paragraph 8 treats indemnity liability as a simple contract debt and supplies a knowledge-based accrual rule. Section 5 of the Limitation Act ordinarily gives six years. Establish actual or constructive knowledge and any applicable limitation qualification.
- Preserve the registration error, loss and knowledge evidence. Distinguish a claim submitted to the registrar from proceedings subject to limitation.
- The six-year action limit is not the same as a guaranteed administrative response date or an automatic finding of indemnity entitlement.
For land registration indemnity limitation guide, establish actual or constructive knowledge of the existence of the schedule 8 indemnity claim before applying any stated period. Schedule 8 paragraph 8 treats indemnity liability as a simple contract debt and supplies a knowledge-based accrual rule. Section 5 of the Limitation Act ordinarily gives six years. Establish actual or constructive knowledge and any applicable limitation qualification.
For land registration indemnity limitation guide, the governing time boundary must follow the identified act and provision. Preserve the registration error, loss and knowledge evidence. Distinguish a claim submitted to the registrar from proceedings subject to limitation.
Land Registration Act 2002, Schedule 8 paragraph 8Which facts prevent one automatic date?
The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment. The six-year action limit is not the same as a guaranteed administrative response date or an automatic finding of indemnity entitlement.
The claimant learns of the existence of an indemnity claim after the underlying registration event. Schedule 8 paragraph 8 supplies the actual-or-constructive-knowledge accrual test. Investigate that knowledge rather than always selecting the error date.
A nominal six-year endpoint falls on a weekend. Statutory action limitation and the method of valid commencement require specific review. Do not assume a general CPR office closure automatically extends substantive limitation.
The claimant relies on fraud or disability to affect limitation. The applicable Limitation Act qualification requires its actual statutory facts. Do not represent the ordinary six-year model as resolving that material branch.
Which conditions and exceptions apply?
- Required event and category
- The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment.
- Act and final boundary
- Preserve the registration error, loss and knowledge evidence. Distinguish a claim submitted to the registrar from proceedings subject to limitation.
- Separate connected procedure
- The six-year action limit is not the same as a guaranteed administrative response date or an automatic finding of indemnity entitlement.
- The claim must fall within Schedule 8. The relevant knowledge concerns existence of the claim; other Limitation Act provisions can require separate assessment.
- The six-year action limit is not the same as a guaranteed administrative response date or an automatic finding of indemnity entitlement.
What must the responsible actor complete?
Questions about this procedure
When does time run for a Land Registration indemnity claim?
Where does the ordinary six-year figure come from?
Limitation Act 1980 section 5 governs an action founded on simple contract.
Land Registration Act 2002, Schedule 8 paragraph 8Why does simple contract limitation apply to indemnity?
Schedule 8 paragraph 8 treats the liability to pay indemnity as a simple contract debt.
Land Registration Act 2002, Schedule 8 paragraph 8Does the registration error date invariably start limitation?
No. Paragraph 8 supplies the relevant actual-or-constructive-knowledge accrual rule.
Land Registration Act 2002, Schedule 8 paragraph 8Does submitting correspondence to the registrar necessarily stop court limitation?
Do not assume administrative correspondence is commencement of the required legal action.
Land Registration Act 2002, Schedule 8 paragraph 8Can claimant conduct affect indemnity entitlement separately from time?
Yes. Schedule 8 contains substantive entitlement and reduction provisions that require separate review.
Land Registration Act 2002, Schedule 8 paragraph 8Does this guide assume every Limitation Act qualification is absent?
No. Establish any applicable disability, fraud or other limitation provision from the actual claim facts.
Land Registration Act 2002, Schedule 8 paragraph 8Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Land Registration Act 2002, Schedule 8 paragraph 8 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980, section 5 | Check the identified procedure, event, counting rule or qualification |
| HM Land Registry practice guide 39, sections 5 and 9 | Check the identified procedure, event, counting rule or qualification |