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Registered Land - 1980- 1984

Registered Land. See also Land.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 6 cases, and was prepared on 21 October 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
Williams & Glyn's Bank Ltd -v- Boland; HL 19-Jun-1980
Spectrum Investment Co Ltd -v- Holmes; ChD 1981
Lyus -v- Prowsa Developments Ltd; ChD 1982
Russell -v- London Borough of Barnet [1984] 2 EGLR 44
1984

Registered Land
The Land Registry general boundaries rule operates so that although the land registry plan is placed inside a road, the ad medium filae presumption still operates as regards ownership of the soil.
Allied London Investments Ltd -v- Hambro Life Assurance Ltd (No 2) [1984] 1 EGLR 16
1984
ChD
Walton J
Landlord and Tenant, Registered Land Casemap
1 Citers
The lessors sued the original lessees for rent due under the lease after the term had been assigned to another. The lessors had given a licence to assign and the licence contained a guarantee from a third party to the lessors that the assignee would pay the rent etc. Subsequently the lessors released the guarantee. The original lessees contended that the release of that guarantee released them from their covenant in the lease to pay the rent. The obligation was in the following form: "The tenant for itself and its assigns and to the intent that the obligations may continue throughout the term covenants with the landlord as set out in the third schedule hereto." Held: The court rejected that contention: "it is quite clear that the position is not as between the assignee and the original lessee that of principal debtor and surety." The fact of assignment mattered "not one jot or tittle."
Land Registration Act 1925 24(1)
Mascall -v- Mascall [1984] 50 P & CR 119
1984
CA
Browne-Wilkinson LJ
Registered Land, Equity Casemap
1 Cites

The question was whether a gift of land was completely constituted by delivery of the land certificate Held: Equity will not come to the aid of a volunteer. Therefore, if a donee needs to get an order from a court of equity in order to complete his title, he will not get it. If, on the other hand, the donee has under his control everything necessary to constitute his title completely without any further assistance from the donor, the donee needs no assistance from equity and the gift is complete. It is on that principle, which is laid down in Re Rose, that in equity it is held that a gift is complete as soon as the settlor or donor has done everything that the donor has to do, that is to say, as soon as the donee has within his control all those things necessary to enable him, the donee, to complete his title. Milroy v Lord established that the settlor must have done everything that was necessary for him to do. In that case, however, the transfer had been put under the control of the donee.

All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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