The claimants bought land from their neighbours, but it was not appreciated that the land was registered and the transfer was not in proper form. The neighbour then transferred the land on again to others. They claimants obtained an order for rectification against the second purchaser and for costs. The second purchaser now sought leave to appeal the order for costs.
Held: The defendant could have consented to the rectification, and had he done so, the costs would have been avoided. The order was correct though not necessarily to the extent that he should pay for the rectification itself. Limited leave granted.
Citations:
[1999] EWCA Civ 1859
Jurisdiction:
England and Wales
Registered Land, Costs
Updated: 31 May 2022; Ref: scu.146774