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Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: ChD 2 Nov 1993

A section 38 agreement was an overriding interest, and created a public right which was binding on purchaser. Citations: Times 02-Nov-1993 Statutes: Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another CA 21-Apr-1995 Grant of s38 rights in a Highways … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: ChD 2 Nov 1993

Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995

Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest. Citations: Ind Summary 12-Jun-1995, Times 21-Apr-1995 Statutes: Highways Act 1980 38(3)(b), Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Citing: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995

Celsteel Ltd v Alton House Holdings Ltd: ChD 1985

An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The court generally considered the availability of a remedy for infringement of a … Continue reading Celsteel Ltd v Alton House Holdings Ltd: ChD 1985