Skip to main content

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.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore
Read why no date is calculated
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
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.

Land Registration Act 2002, Schedule 8 paragraph 8

What lawyers say

5.0
  • “The platform is really easy to use.”

    Michael B.Employment litigation attorney · California

  • “The Evidence Record saved us time with our insurance on bankruptcy matters.”

    MariaBankruptcy and commercial attorney · London, UK

  • “The most up-to-date service we could find.”

    Li ChenArbitration practitioner · Singapore

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 8

How does this provision count time?

  1. 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.
  2. Preserve the registration error, loss and knowledge evidence. Distinguish a claim submitted to the registrar from proceedings subject to limitation.
  3. 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 8

Which 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.

ResultRead the operative provision and establish the applicable branch.

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.
Land Registration Act 2002, Schedule 8 paragraph 8
  • 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 8

Why 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 8

Does 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 8

Does 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 8

Can 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 8

Does 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 8

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Land Registration Act 2002, Schedule 8 paragraph 8Check the identified procedure, event, counting rule or qualification
Limitation Act 1980, section 5Check the identified procedure, event, counting rule or qualification
HM Land Registry practice guide 39, sections 5 and 9Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

Cookie preferences

Deadline Engine uses necessary cookies for authentication and security. You can choose whether we may load Plausible Analytics to measure aggregate site use. We do not use advertising or marketing tracking. You can change this any time from the footer. Read the Cookie Policy.