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 defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The solicitor employers of a solicitor who had acted under powers of attorney in transactions between the attorney and the principal which later proved fraudulent were negligent. The Land Registry was liable for the balance of damage suffered. Mance J: ‘.. the answer to this problem seems to lie in recognising that, for dishonest assistance, … Continue reading Al-Sabah v Ali and Others: ChD 3 Feb 1999
The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney.
Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice . .
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
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002
A right to pasture animals on a common had been levant and couchant, and as such was inalienable as a separate asset from the land where the animals were kept. The right was registered under the Act, and was thereby transformed into a right to graze a certain number of animals on the common. That … Continue reading Bettison and others v Langton and others: HL 17 May 2001
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 registered freehold proprietor (S) of a property lived abroad, his mother having power of attorney. His sister and her husband, Mr and Mrs Hammond, had the register altered to show themselves as the freehold proprietors. The primary case was that they had forged the mother’s signature on the transfer. A building society mortgage was … Continue reading Argyle Building Society v Hammond: CA 1984
The plaintiff had and exercised a right of pre-emption entitling him to take a long lease of a garage. He was at the time also licensee of the garage. Held: The use of the garage amounted to actual occupation, thereby protecting the right as an overriding interest as regards the garage. His right was protected … Continue reading Kling v Keston Properties Ltd: ChD 1985
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
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004
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
A notice of a charge, short of registration, does not give priority over an earlier un-registered charge. The effect of the notice was limited to that stated in the Act. Judges: Dillon LJ Citations: Times 20-May-1993, [1993] 4 All ER 623, [1994] Ch 49 Statutes: Land Registration Act 1925 49 106, Administration of Justice Act … Continue reading Mortgage Corporation Ltd v Nationwide Credit Corporation Ltd, Nationwide Building Society: CA 20 May 1993
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 leaving of furniture in a flat or having a key to the flat or making occasional use of it was not enough to constitute actual occupation. Where A permits B to occupy land on B’s own behalf by way of gratuitous licence, A’s capacity as licensor will not by itself entitle him to claim … Continue reading Strand Securities Ltd v Caswell: CA 2 Feb 1965
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
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who now sought an indemnity from the defendant under the 1925 Act. To minimise the losses, … Continue reading Scottish and Newcastle Plc v Raguz: CA 6 Mar 2007
A farm’s only vehicular access was over land which was only useable occasionally when dry. The defendants laid a stone track to facilitate constant access. At first instance it was held that the earlier use had been too intermittent to allow a prescriptive right, and the use had been by consent. Held: The use was … Continue reading Mills and Another v Silver and others: CA 6 Jul 1990
Land had been divided into three lots on its development, but the site plan did not match the line of a fence actually erected. Held: The court was not bound by the Watcham case, and would not follow it to allow reference to the later behaviour of parties in interpreting a deed. The court related … Continue reading Beale v Harvey: CA 28 Nov 2003
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
Rectification or Setting Aside of Documents – Rentcharges – grant of lease over rentcharge to trustees to enforce payments due under a rentcharge – equitable status of lease pending registration – proof of title to rentcharge – proof of sums due and . .
LRA KEYWORDS: right of way for all purposes over part of bellmouth entrance way adjoining A2 – proprietary estoppel – Land Registration Act 2002, Sch 12, para 9) – Land Registration Rules 1925, r 258 – . .
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 respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant.
Held: The landlord’s retention of a . .
. .
Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease.
Held: The . .
The claimant had previously assigned its interest in a lease to the defendant, who had in turn re-assigned it. The eventual tenant became insolvent, and the landlord had recovered sums from the claimant who now sought an indemnity under the covenant . .
