The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining propery that they would act in accordance with the retriction, but no re-assurance was given. Held: … Continue reading Oceanic Village Ltd v United Attractions Ltd, Shirayama: ChD 9 Dec 1999
Cautions had been registered against land to protect interests claimed in a pending action. The action had been struck out at first instance, an appeal to the Court of Appeal had failed but a petition for leave to appeal to the House of Lords was still pending. Held: On an interlocutory notice of motion Brightman … Continue reading Calgary and Edmonton Land Co Ltd v Discount Bank (Overseas) Ltd: ChD 1971
The defendant had made a mistake resulting in an equitable chargee not being given proper opportunity to object to the registration of a further charge with priority. The chargee sought compensation from the defendant registrar. Held: The registration of a charge is not to be defeated by a minor error – compensation payable. The 1925 … Continue reading Clark and Another v Chief Land Registrar and Another: ChD 2 Dec 1992
LAND REGISTRATION – ADVERSE POSSESSION – successive periods of adverse possession – transmission of title – section 75 of the Land Registration Act 1925 – significance of fencing and of grazing . .
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The plaintiff company acquired the registered freehold title of a house in 1957. The house was already demised on a long lease. The leaseholder had sublet to the defendant, who, by continuous non-payment of rent, had, by 1963, acquired a prescriptive title against her. In 1968 the defendant sought registration as proprietor of the leasehold … Continue reading Spectrum Investment Co Ltd v Holmes: ChD 1981
LRA General boundaries – Filed Plan – Construction of pre-registration conveyance- Boundary agreement – Adverse possession – Land Registration Act 1925 section 75 – Land Registration Act 2002 Schedule 6  EWLandRA 2012 – 1130 Bailii Land Registration Act 1925 75, Land Registration Act 2002 England and Wales Registered Land Updated: 30 December 2021; Ref: … Continue reading Haigh and Another v Sturman (Boundary Dispute : Interpretation of Words of Conveyance): LRA 25 Nov 2013
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession he obtains a title of his own, but ‘his possession only defeats the rights … Continue reading St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962
A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. Held: The earlier occupiers had sought licences from the authority, and had submitted petitions. The letters and … Continue reading Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others: CA 1 Dec 2000
The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered.
Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to . .
Land Registration Act 1925 section 75 – Limitation Act 1980 section 15 and Sch 1 Para 8(4) – Adverse possession – Agreement – Lease or Licence – Whether consent given by paper owner – Whether squatter had intention to possess – Adverse possession . .
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession . .
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
Rectification of register. Citations:  EWCA Civ 510 Links: Bailii Statutes: Land Registration Act 1925 Jurisdiction: England and Wales Registered Land Updated: 31 May 2022; Ref: scu.147507
Where a squatter had acquired adverse possession rights against lessee, but had not yet applied for registration, a surrender of the registered leasehold did not defeat his claim but operated as acquisition of lessee’s rights.The court was asked ‘whether, after more than 12 years’ adverse possession by a trespasser, the registered leaseholder of land can, … Continue reading Central London Commercial Estates Ltd v Kato Kagaku Ltd and Another, Axa Equity and Law Assurance Society Plc (Third Party): ChD 15 Jul 1998
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012
The registration of an action as a lis pendens by a non-counterclaiming defendant was held to be an abuse, and although there was no jurisdiction to vacate the registration under the Land Charges Act 1925, the Court had an inherent jurisdiction to prevent ‘an abuse of this sort’ because the registration ‘ought never to have … Continue reading Heywood v BDC Properties Ltd (No 2): CA 1964
Mrs T, by summons under section 17 sought a declaration that she and her husband were beneficial owners in equal shares of the matrimonial home and that the premises should be sold and the proceeds divided equally between them. She registered a lis pendens under the Land Charges Act. The house was in the husband’s … Continue reading Taylor v Taylor: CA 1968
The registration of a claim was founded on negotiations through correspondence. The Court examined the correspondence, and found that it was clear that there was no possible binding contract existing between the parties, vacated the registration. It vacated the registration.Wilmer LJ said: ‘ It seems to me that this is a clear case and that … Continue reading Heywood v BDC Properties Ltd (No 1): CA 1963
LRA Land Registration Act 1925, s 75 – Human Rights Act 1998, ss. 2,3 – Limitation Act 1980, s 17 – Article I, First Protocol, Convention for the Protection of Human Rights and Fundamental Freedoms – Adjudicator to HM Land Registry (Practice and Procedure Rules) 2003, r11 – stare decisis Citations:  EWLandRA 2004 – … Continue reading Terence Charles Palmer v Beaulane Properties Limited (Adverse Possession): LRA 26 Jun 2008
The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding interest. A purchaser of land and in particular a reversion to a lease, will … Continue reading National Provincial Bank Limited v Ainsworth: HL 1965
The transferees of land registered themselves as first registered proprietors of land including two narrow strips of woodland. The court had found that the strips in fact belonged to a neighbour who had acquired title by adverse possession. Held: A landowner may have sufficient standing to sue the registered proprietor of land for trespass even … Continue reading Chowood v Lyall (No 2): CA 1930
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold … Continue reading Hodgson v Marks: CA 12 Mar 1971
The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the claimants. Held: There was not only an intention to create a building scheme but also a clearly … Continue reading Turner and Another v Pryce and others: ChD 9 Jan 2008
Mr. Boyle sought compensation in respect of a rectification of the register by removal from his title of land belonging to a neighbour. Since Mr. Boyle’s registered title was subject to overriding interests, he would not have been entitled to compensation if the land removed from the title was in the actual occupation of the … Continue reading In re Boyle’s Claim: ChD 1961
The respondent stayed on in the family home owned by her husband after he had left, and resisted a possession order sought by the chargee. The husband had charged the house as security for his business debts.Lord Wilberforce described the common law characteristics of property, saying: ‘Before a right or an interest can be admitted … Continue reading National Provincial Bank v Ainsworth: HL 13 May 1965
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard form prohibition against assignments or sub-letting. The defendants now appealed against a finding that they were … Continue reading Clarence House Ltd v National Westminster Bank Plc: CA 8 Dec 2009
An overriding interest, namely an estate contract, was protected under s. 70(1) of the Act even though it could have been protected by a caution under s. 59. Harman J  Ch 475 Land Registration Act 1925 70(1)(g) England and Wales Cited by: Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998 A person in … Continue reading Bridges v Mees: ChD 1957
The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a power should be exercised. Held: It did have that power. The power … Continue reading Nugent v Nugent: ChD 20 Dec 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990
Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees.
Held: The one appeal . .
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .