Category: Registered Land

Abbey National Building Society v Cann: HL 29 Mar 1990

Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered.
Held: The mother’s plea failed. When land is purchased using a mortgage, the charge takes effect immediately, and there is no intermediate stage at which the purchaser owns the land free of the charge.
Lord Oliver said: ‘the relevant date for determining the existence of overriding interests which will ‘affect the estate transferred or created’ is the date of registration. This does, of course, give rise to the theoretical difficulty that since a transferor remains the registered proprietor until registration of the transfer, it would be possible for him in breach of trust, to create overriding interests, for instance, by grant of an easement or of a lease, which would be binding on the transferee and against which the transferee would not be protected by an official search. ‘ However, ‘A chargee who advances money and so acquires an equitable charge prior to the creation of the occupier’s right does not lose his priority because the occupier’s right becomes an overriding interest. That interest remains what it always was, an interest subject to the prior equity of the chargee which, on registration, is fortified by the legal estate. Equally, a chargee advancing his money after the creation of the occupier’s equitable right is, as one would expect, subject to such right.’ and
‘Nevertheless, I cannot help feeling that it flies in the face of reality. The reality is that, in the vast majority of cases, the acquisition of the legal estate and the charge are not only precisely simultaneous but indissolubly bound together. The acquisition of the legal estate is entirely dependent upon the provision of funds which will have been provided before the conveyance can take effect and which are provided only against an agreement that the estate will be charged to secure them. Indeed, in many, if not most, cases of building society mortgages, there will have been, as there was in this case, a formal offer and acceptance of an advance which will ripen into a specifically enforceable agreement immediately the funds are advanced which will normally be a day or more before completion. In many, if not most, cases, the charge itself will have been executed before the execution, let alone the exchange, of the conveyance or transfer of the property… The reality is that the purchaser of land who relies upon a building society or bank loan for the completion of his purchase never in fact acquires anything but an equity of redemption, for the land is, from the very inception, charged with the amount of the loan without which it could never have been transferred at all and it was never intended that it should be otherwise.’

Judges:

Lord Bridge of Harwich, Lord Griffiths, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle

Citations:

[1990] 1 All ER 1085, [1991] 1 AC 56, [1990] UKHL 3

Links:

Bailii

Statutes:

Land Registration Act 1925 70(1)(g)

Jurisdiction:

England and Wales

Citing:

Cited – City of London Building Society v Flegg And Another HL 14-May-1987
A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing . .
Overruled – Church of England Buidling Society v Piskor CA 1954
Weekly tenancies had been granted by the purchaser of the property, title to which was unregistered, before completion. The society now sought possession of the property. The tenants argued that although their tenancies were equitable, they were . .
Approved – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .

Cited by:

Cited – UCB Group Ltd v Hedworth CA 4-Dec-2003
The defendant challenged the claimant’s right to possession under a legal charge. She appealed a finding that she had not established the undue influence of her husband, a solicitor.
Held: A lender who received a voidable security was entitled . .
Cited – Ingram and Another v Commissioners of Inland Revenue HL 10-Dec-1998
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family.
Held: The lease-back by the nominee was not void as . .
Cited – Hardy and others v Fowle and Another ChD 26-Oct-2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered.
Held: The lease had been surrendered by a deed. The defects in notice alleged did . .
Cited – HSBC Bank Plc v Dyche and Another ChD 18-Nov-2009
The parties disputed the claimed beneficial interest of the second defendant. The second defendant (C) said that it had been purchased for him by the first defendant (D) from C’s trustee in bankruptcy, and was thereafter held in trust for him on the . .
Cited – Link Lending Ltd v Bustard CA 23-Apr-2010
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had . .
Cited – Cook v The Mortgage Business Plc CA 24-Jan-2012
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 . .
Cited – Cook v The Mortgage Business Plc CA 24-Jan-2012
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 . .
Cited – Various Mortgagors v Various Mortgagees and Others ChD 19-Nov-2010
Land owners had entered into sale and rentback agreements. The buyers had taken out loans to complete the purchasers, but had then defaulted, having misrepresented the nature of the agreements to their lenders and the sellers. The lenders now . .
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
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 . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Cited – Waterside Escapes Ltd v Revenue and Customs FTTTx 13-Oct-2020
Qualifying Property Rental – Stamp Duty Relief
SDLT – higher threshold interest 15% rate – relief for a qualifying property rental business – intention that a non-qualifying individual be permitted to occupy a dwelling on the land (paragraph 5(2), Schedule 4A, FA 2003) – whether a non-qualifying . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 01 February 2022; Ref: scu.186353

National Provincial Bank Ltd v Hastings Car Mart Ltd: ChD 27 Mar 1963

Cross J set out the nature of overriding interests: ‘Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a trustworthy record on the register. As to such matters, persons dealing with registered land must obtain information outside the register in the same manner and from the same sources as people dealing with unregistered land would obtain it.’

Judges:

Cross J

Citations:

[1964] Ch 9

Statutes:

Land Registration Act 1925 70(1)(g)

Jurisdiction:

England and Wales

Cited by:

Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .
Appeal from – National Provincial Bank Ltd v Hastings Car Mart Ltd CA 1964
The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any . .
At First Instance (ChD) – National Provincial Bank v Ainsworth HL 13-May-1965
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 . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 30 January 2022; Ref: scu.655159

In re Boyle’s Claim: ChD 1961

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 neighbour.
Held: Wilberforce J said: ‘It seems to me that the relevant date for considering whether there was a person in actual occupation of the land as to which the rectification was ordered must be the date when the person prejudiced by the rectification – that is to say, the claimant – acquired his registered title; …’

Judges:

Wilberforce J

Citations:

[1961] 1 WLR 339

Statutes:

Land Registration Act 1925 70(1)(g)

Jurisdiction:

England and Wales

Cited by:

Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 30 January 2022; Ref: scu.655175

Potier, Regina (on The Application of) v Land Registry: Admn 10 Dec 2015

Renewed application for permission to apply for judicial review of the Defendant’s refusal to register the Claimant’s ‘life tenancy’ over a property.
Held: the claim was unarguable.

Judges:

Lang J

Citations:

[2015] EWHC 4214 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 29 January 2022; Ref: scu.573853

Paddington Building Society v Mendelsohn: 1985

(Bristol County Court) The relevant date for identifying occupation for section 70 was the date of execution of the building society’s charge. On appeal the case was decided on a different point.

Judges:

Judge McCarraher

Citations:

(1985) 50 P and CR 244

Statutes:

Land Registration Act 1925 70(1)(g)

Jurisdiction:

England and Wales

Cited by:

Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 28 January 2022; Ref: scu.553544

Lloyds Bank plc v Rosset: CA 13 May 1988

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 stated, the point is whether, to have the protection afforded to overriding interests in respect of registered land, the wife needs to be in actual occupation of the house when the legal charge is executed as distinct from being in actual occupation by the later date on which the bank’s charge is registered in the land registry.

Purchas LJ, Mustill LJ, Nicholls LJ
[1988] EWCA Civ 11, [1989] Ch 350, [1988] 3 All ER 915
Bailii
Land Registration Act 1925 70(1)(g)
England and Wales
Citing:
Cited – National Provincial Bank Ltd v Hastings Car Mart Ltd ChD 27-Mar-1963
Cross J set out the nature of overriding interests: ‘Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a . .
Cited – Weldon v Weldon (No 1) 27-Nov-1883
The duty of the Court to issue an attachment for non-obedience of a decree for restitution of conjugal rights is the same since the Divorce Acts as it was before.
It is not a sufficient compliance by a husband with a decree for restitution of . .
Cited – In re Boyle’s Claim ChD 1961
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 . .
Cited – National Provincial Bank Ltd v Hastings Car Mart Ltd CA 1964
The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any . .
Cited – National Provincial Bank v Ainsworth HL 13-May-1965
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 . .
Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Cited – Barnhart v Greenshields PC 5-Dec-1853
Pemberton Leigh said: ‘With respect to the effect of possession merely, we take the law to be, that if there be a tenant in possession of land, a purchaser is bound by all the equities which the tenant could enforce against the vendor, and that the . .
Cited – Strand Securities Ltd v Caswell CA 2-Feb-1965
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 . .
Cited – Gissing v Gissing HL 7-Jul-1970
Evidence Needed to Share Benefical Inerests
The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it.
Held: The principles apply to any case where a beneficial interest in land is claimed by a . .
Cited – Eves v Eves CA 28-Apr-1975
The couple were unmarried. The female partner had been led by the male partner to believe, when they set up home together, that the property would belong to them jointly. He had had told her that the only reason why the property was to be acquired . .
Cited – Williams and Glyn’s Bank Ltd v Boland CA 1979
Money was raised on mortgage of registered land and paid to a single trustee holding the land on trust for sale, and it was held that the rights of beneficiaries who were in occupation and of whom no enquiries had been made were not mere minor . .
Cited – Midland Bank Plc v Dobson CA 12-Jul-1985
The trial judge had been entitled to find a common intention constructive trust from evidence which he accepted that the parties treated the house as ‘our house’ and had a ‘principle of sharing everything’. Although the judge should approach such . .
Cited – Grant v Edwards and Edwards CA 24-Mar-1986
A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names . .
Cited – In re Connolly Brothers Ltd (No. 2) CA 1912
A company had granted a debenture over all its assets, present and future, but wishing to acquire an additional property, it approached a third party who agreed to finance the purchase against a charge. It contracted to buy the property at pounds . .
Cited – Security Trust Co v The Royal Bank of Canada PC 1-Dec-1975
(Bahamas) A company, Fisher agreed to buy land with part of the purchase price to be paid by a fixed date and the balance secured by a mortgage to the vendor. A conveyance and a mortgage were duly executed and held in escrow pending payment of the . .
Cited – Church of England Building Society v Piskor CA 1954
A purchaser, let into possession before completion, granted weekly tenancies to Captain Hamilton and others. The plaintiff building society loaned the sum of pounds 1,600 to assist the purchaser with completion, the money being paid over on . .

Cited by:
Appeal from – Lloyds Bank plc v Rosset HL 29-Mar-1990
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 . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Approved – Abbey National Building Society v Cann HL 29-Mar-1990
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying . .
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
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 . .

Lists of cited by and citing cases may be incomplete.

Trusts, Registered Land, Equity

Updated: 27 January 2022; Ref: scu.251494

National Provincial Bank v Ainsworth: HL 13 May 1965

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 into the category of property, or of a right affecting property, it must be definable, identifiable by third parties, capable in its nature of assumption by third parties, and have some degree of permanence or stability.’

Lord Hodson, Lord Cohen, Lord Guest, Lord Upjohn, Lord Wilberforce
[1965] UKHL 1, [1965] AC 1175, [1965] 3 WLR 1, [1965] 2 All ER 472
Bailii
Land Registration Act 1925 70(1)(g)
England and Wales
Citing:
At First Instance (ChD) – National Provincial Bank Ltd v Hastings Car Mart Ltd ChD 27-Mar-1963
Cross J set out the nature of overriding interests: ‘Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a . .
Appeal from – National Provincial Bank Ltd v Hastings Car Mart Ltd CA 1964
The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any . .

Cited by:
Cited – Secretary of State for Work and Pensions v Payne and Another SC 14-Dec-2011
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The . .
Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 27 January 2022; Ref: scu.248559

Williams and Glyn’s Bank Ltd v Boland: CA 1979

Money was raised on mortgage of registered land and paid to a single trustee holding the land on trust for sale, and it was held that the rights of beneficiaries who were in occupation and of whom no enquiries had been made were not mere minor interests but overriding interests within s.70(1)(g) and so binding on the mortgagee.
Ormrod LJ said that a person may be in occupation through another.

Ormrod LJ
[1979] Ch 312
England and Wales
Cited by:
Appeal From – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Cited – State of India v Sood and Others CA 30-Oct-1996
Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge. . .
Cited – Bhullar and Another v McArdle CA 10-Apr-2001
The defendant had registered a caution against the claimant’s land at the Land Registry. The claimant sought its removal and now appealed an order for rectification of the register against him. The parties had reached oral agreements as to the . .
Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 27 January 2022; Ref: scu.238938

Strand Securities Ltd v Caswell: CA 2 Feb 1965

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 to be in actual occupation of the land, though the position will be different if B occupies as the representative of A.
Lord Denning MR said that object of section 70(1)(g) was ‘to protect a person in actual occupation of land from having his rights lost in the welter of registration . . No one can buy the land over his head and thereby take away or diminish his rights’
Russell LJ accepted that, if a tenant puts a resident caretaker into a residential flat to look after it, that would be actual occupation by the tenant. Russell L.J. observed that the caretaker, by her occupation for which she was employed, would be the representative of the tenant and her occupation might therefore be regarded as his.

Lord Denning MR, Russell LJ
[1965] Ch 958, [1965] EWCA Civ 1
Bailii
Land Registration Act 1925 70(1)(g)
England and Wales
Cited by:
Applied – Lloyd and others v Dugdale and Another CA 21-Nov-2001
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on . .
Cited – Link Lending Ltd v Bustard CA 23-Apr-2010
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had . .
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
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 . .
Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Registered Land

Updated: 27 January 2022; Ref: scu.183128

National Provincial Bank Ltd v Hastings Car Mart Ltd: CA 1964

The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any way distracted by the fact that the owner of the rights under section 70(1) (g) is identified as a person in actual occupation. It is the rights of such a person which constitute the overriding interest and must be examined, not his occupation.’

Lord Denning MR, Russell LJ
[1964] Ch 665
Land Registration Act 1925 70(1)(g)
England and Wales
Citing:
Appeal from – National Provincial Bank Ltd v Hastings Car Mart Ltd ChD 27-Mar-1963
Cross J set out the nature of overriding interests: ‘Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a . .

Cited by:
Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Appeal from – National Provincial Bank Limited v Ainsworth HL 1965
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 . .
Cited – Webb v Pollmount Ltd ChD 1966
An option to purchase the reversion contained in a seven-year lease was protected under s. 70(1) by virtue of the tenant’s occupation under the lease. ‘It is vital . . . to bear in mind that what we are seeking to ascertain at present is whether . .
Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered . .
Cited – Lloyds Bank plc v Rosset CA 13-May-1988
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 . .
Appeal from – National Provincial Bank v Ainsworth HL 13-May-1965
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land, Land

Updated: 27 January 2022; Ref: scu.187678

Chandler v Lombardi: ChD 10 Jan 2022

Claim for (i) a declaration that the transfer of land at Shirley, Solihull, into the joint names of Chandler and Lombardi, as tenants in common and in equal shares, was void; and (ii) accordingly, rectification of the Land Register pursuant to Schedule 4 to the Land Registration Act 2002

Jason Beer QC
(Sitting as a Deputy Judge of the High Court)
[2022] EWHC 22 (Ch)
Bailii
Land Registration Act 2002
England and Wales

Registered Land

Updated: 26 January 2022; Ref: scu.671013

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now appealed. The landlords argued that the usual requirement for such a notice to be given by the person in whom the reversionary estate is vested did not apply to an agricultural tenancy.
Held: The court rejected that argument. Distinguishing Scribes, West, the argument under section 141 of the 1925 Act failed also.

Norris J
[2016] EWHC 2454 (Ch), [2016] WLR(D) 519
Bailii, WLRD
Land Registration Act 2002 27(10, Agricultural Holdings Act 1986 96, Law of Property Act 1925 141(2), Land Registration Act 2002 24
England and Wales
Citing:
Cited – Stait v Fenner 1912
The lease to Fenner contained a break clause. The lease was legally assigned to X and then to Y. Y then agreed to assign back to Fenner (but no formal assignment was entered). Fenner then ‘assigned’ to Z (the contract saying that he was not obliged . .
Cited – Schalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
Cited – Freeman v Hambrook 1947
. .
Cited – Thompson v McCullough CA 1947
Thompson had agreed to buy a tenanted property, had paid part of the purchase price, and had received a conveyance in escrow pending payment of the balance. He at that point gave McCullough notice to quit. Two months later Thompson paid the balance . .
Cited – Lever Finance Ltd v Needleman’s Trustee ChD 1954
In a mortgage, the transferee of a registered charge appointed a receiver during the ‘registration gap’.
Held: Until registration the transferee could not exercise the statutory power to appoint a receiver. . .
Cited – Smith v Express Dairy Limited ChD 1954
Express Dairy (as registered owner) let a shop to Smith, but then transferred its interest to a subsidiary company. The subsidiary did not become registered as owner but nonetheless served notice to quit on Smith.
Held: Unless the subsidiary . .
Cited – Divall v Harrison CA 1992
A notice to quit the agricultural land had been given in the name of the residuary beneficiary, not in the name of the executors in whom the reversion was still vested.
Held: The notice was invalid. The residuary beneficiary was not the . .
Cited – Renshaw v Magnet Properties South East LLP 2008
(Central London County Court) . .
Cited – Lankester and Son Ltd v Rennie and Another CA 2-Dec-2014
The transfer of a lease remained unregistered.
Held: The court acknowledged the importance of not confusing the equitable rights as between transferor and transferee with the legal rights as between landlord and tenant. . .
Distinguished – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .

Lists of cited by and citing cases may be incomplete.

Registered Land, Landlord and Tenant, Agriculture

Updated: 24 January 2022; Ref: scu.570346

City of London Building Society v Flegg And Another: CA 1986

Where money was raised on mortgage of registered land to discharge an existing incumbrance (and so in exercise of the power conferred by s.28(1) Law of Property Act 1925 by reference to s.71(1)(i) Settled Land Act 1925) and paid to two trustees for sale, the rights of occupying beneficiaries were overreached.

[1986] Ch 605
England and Wales
Cited by:
Appeal from – City of London Building Society v Flegg And Another HL 14-May-1987
A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 22 January 2022; Ref: scu.248262

Horrill v Cooper: QBD 1998

Restrictive covenants were registered against unregistered land, but were not revealed by a subsequent formal search with the result (as found) that as matter of technicality the purchaser took free from them. However, that purchaser knew of the covenants and treated himself as taking subject to them. He had paid a price appropriate to the land being subject to them.
Held: The purchaser would have got an ‘undeserved and unbargained for windfall’ if rectification were not allowed so as to subject the land to the covenants. Recification was ordered.

HH Judge Colyer QC
(1998) 78 P and CR 336
England and Wales
Cited by:
Appeal from – Horrill v Cooper CA 1999
(Year?) The appelant had bought unregistered land knowing of restrictive covenants and paying accordingly, but the covenants had not been registered and his title was free of them. He now appealed an order for rectification of the register which had . .
Cited – Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc ChD 17-Jun-2005
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 22 January 2022; Ref: scu.258360

Recreational Holdings 1 (Jamaica) Ltd v Lazarus: PC 27 Jul 2016

(Jamaica) ‘A is the registered proprietor of land in Jamaica. Without A’s permission, B takes possession of the land and remains in open and undisturbed possession of it for more than 12 years. Thereafter A sells (or purports to sell) the land to C. C provides valuable consideration and has no notice of B’s possession of the land. Who owns the land . . B or C?’

Lord Neuberger, Lord Mance, Lord Wilson, Lord Carnwath, Lord Hodge
[2016] UKPC 22
Bailii
Commonwealth

Registered Land

Updated: 20 January 2022; Ref: scu.567840

Walker and Others v Burton and Another: ChD 19 Apr 2013

The parties had bitterly disputed the Lordship of the Manor of Ireby. The defendants had purchased the former Hall, and had been registered as proprietors of the Lordship. The claimants having succeeded before the Land Registry adjudicator, they now appealed against an order for costs which substantially reduced the sums they could claim.
Held: The appeal succeeded.

David Cooke J
[2013] EWHC 811 (Ch)
Bailii
England and Wales
Cited by:
Cited – Walker and Another v Burton and Another CA 14-Oct-2013
The Burtons had purchased the former Hall of the village of Ireby, and been registered as proprietors of the Lordhsip of the Manor. The villagers had successfully challenged the registration. The Court now considered the circumstances in which the . .

Lists of cited by and citing cases may be incomplete.

Registered Land, Costs

Updated: 20 January 2022; Ref: scu.473056

Fitzwilliam v Richall Holdings Services Ltd: ChD 28 Jan 2013

The claimant said that his property had been sold by someone falsely purporting to be his agent under a forged power of attorney.

Newey J
[2013] EWHC 86 (Ch), [2013] 1 PandCR 19
Bailii
England and Wales
Citing:
Criticised – Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others CA 22-Feb-2002
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer.
Held: On registration, section 69 operated to . .

Cited by:
Cited – Gold Harp Properties Ltd v Macleod and Others CA 29-Jul-2014
The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 20 January 2022; Ref: scu.470599

Hodgson v Marks: ChD 1970

The plaintiff, an elderly widow, transferred her house into the name of her lodger, but remained in occupation of the house, on exactly the same basis as before, until the lodger sold the house and the purchaser had mortgaged it to a building society.
Held: The court dismissed the plaintiff’s claim to be registered as unencumbered proprietor on the ground that her occupation was insufficiently apparent to constitute an overriding interest: ‘So at all material times, Mrs Hodgson was in fact in physical occupation of the premises and, more, had the right to occupy them. It seems to me that in general (if this matter can be considered at all independently of context) such physical occupation, even apart from such right to occupy, would constitute what would be meant by actual occupation generally’.

Ungoed-Thomas J
[1970] 3 WLR 956
Land Registration Act 1925 70(1)(g), Law of Property Act 1925 53
England and Wales
Cited by:
Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered . .
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Approved – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Appeal from – Hodgson v Marks CA 12-Mar-1971
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 20 January 2022; Ref: scu.187686

Nobes v Lloyds Tsb Bank Plc (Miscellaneous Cases : Miscellaneous): LRA 20 May 2016

Application to alter register – registered proprietor of freehold title acquiring leases to which the freehold was the immediate reversion- registered leasehold title cancelled and notices of leases deleted from freehold title- freehold proprietor subsequently alleging that the leases were not determined and that the cancellation of the leasehold title and the removal of the notices of the leases from the freehold title was a mistake- freeholder proprietor applying to correct the mistake- receievrs appointed under mortgage of freehold alleging there was no mistake

[2016] EWLandRA 2014 – 0312
Bailii

Registered Land

Updated: 19 January 2022; Ref: scu.567058

Mclaverty v Cassidy: LRA 21 Mar 2016

LRA Application for a Restriction – claim to a beneficial interest in Equity – extent of direct and indirect contributions to justify the claim – HELD – Sufficient evidence of direct contributions to substantiate such a claim – Sufficient evidence of common intention – Land Registry ordered to allow the application for restrictions

[2016] EWLandRA 2015 – 0420
Bailii

Registered Land, Trusts

Updated: 16 January 2022; Ref: scu.564465

Satnam Singh Chana, Hardip Singh Chana, Harjinder Kaur v Gurpal Kaur Virdi (Easements): LRA 10 Apr 2008

LRA Application to register benefit and burden of easement of parking – servient tenement owned in part by Respondent – whether claim by prescription and /or lost modern grant – Moncrieff v Jamieson [2007] 1 WLR 2620 – Batchelor v Marlow [2001] 1 WLR 764 – ouster – Chief Land Registrar ordered to give effect to application

[2008] EWLandRA 2005 – 1347
Bailii
England and Wales

Registered Land

Updated: 16 January 2022; Ref: scu.429590

London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd: ChD 1971

Brightman J
[1971] Ch 499
Land Registration Act 1925 70(1)(g)
England and Wales
Citing:
Approved – Re Birmingham, deceased; Savage v Stannard 1957
An unpaid vendor’s lien arises the moment the contract is entered into. It is discharged on completion to the extent that the purchase money is paid. . .

Cited by:
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 15 January 2022; Ref: scu.553541

Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence.
Held: The balance between the doctrine of proprietary estoppel and section 2 of the 1989 Act is not yet clear. The court doubted that the defendant would be able to establish an estoppel to get around the Act. The evidence that the defendant believed that a contract had been created was not credible having istelf taken part in the tendering process which stood in place of the agreement it now asserted. The defence was struck out.

Briggs J
[2007] EWHC 2086 (Ch)
Bailii
Land Registration Act 2002 77, Law of Property (Miscellaneous Provisions) Act 1989 2
England and Wales
Citing:
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Yeoman’s Row Management Ltd and Another v Cobbe CA 31-Jul-2006
The defendants orally agreed to sell the claimant a block of flats for andpound;12 million if he first obtained planning permission for it on terms as to a sharing of subsequent development profits. The claimant spent over andpound;100,000 and . .
Cited – MCA Records Inc and Another v Charly Records Ltd and others (No 5) CA 5-Oct-2001
The court discussed the personal liability of a director for torts committed by his company: ‘i) a director will not be treated as liable with the company as a joint tortfeasor if he does no more than carry out his constitutional role in the . .

Lists of cited by and citing cases may be incomplete.

Registered Land, Contract, Estoppel

Updated: 15 January 2022; Ref: scu.262175

Skelwith (Leisure) Ltd and Another v Armstrong and Others: ChD 8 Oct 2015

The claimants challenged the validity of land contracts made between the parties. The applications were to have matters disposed of summarily in their favour, raise issues as to, among other things, the interpretation of the Land Registration Act 2002 and the remedies available to mortgagees.

Newey J
[2015] EWHC 2830 (Ch)
Bailii
Land Registration Act 2002
England and Wales

Registered Land

Updated: 04 January 2022; Ref: scu.553137

Sheikh v Malik: LRA 18 Jun 2014

Evidence : Other – whether the Respondent can make good a plea of non est factum in relation to two transfers whereby she transferred properties from her sole name to the joint name of herself and the Applicant. The claim is not made on the basis of mental incapacity.

[2014] EWLandRA 2013 – 0886
Bailii
England and Wales

Registered Land

Updated: 04 January 2022; Ref: scu.552853

Whitaker, Whitaker v Gilsenan (Easements and Profits A Prendre): LRA 18 Aug 2014

Right of way – application to register – whether right of way to be implied – whether express right of way released by order of exchange – whether implied reservation of right over land given on exchange – whether easement of necessity – whether easement by estoppel

[2014] EWLandRA 2012 – 0755
Bailii

Registered Land

Updated: 03 January 2022; Ref: scu.550832

Port of London Authority v Devere and 7 Others – 0733-0755: LRA 27 Feb 2013

LRA Rivers, Waterways and Foreshore – Trial of a preliminary issue as to whether the Applicant can establish documentary title to part of the bed and foreshore of the River Thames; the ‘ad medium filum’ rule; true construction of the words ‘in front of or immediately adjacent to’; Port of London Act 1908, sections 1, 7; Port of London Act 1912; Port of London Act 1968, section 212, and Schedule 11; Thames Conservancy Act 1857, sections 50, 51; Thames Conservancy Act 1894, sections 58, 59; Port of London (Consolidation) Act 1920, section 7; Crown Lands Act 1702, section 5; Crown Lands Act 1853, section 5; Crown Lands Act 1829, section 8; Law of Property Act 1925, section 62(3); Poor Law Amendments Act 1868, section 27;

[2013] EWLandRA 2011 – 0733-0755
Bailii
England and Wales

Registered Land, Land

Updated: 03 January 2022; Ref: scu.550827

Tsoukkas v Southwark Council (Adverse Possession): LRA 21 Sep 2012

LRA Issues – adverse possession – Sch 12 para 18 Land Registration Act 2002 – whether the Applicant squatter’s belief that he had a right of way over the Respondent’s land deprived him of an intention to possess – whether he had acknowledged the Respondent’s title

[2012] EWLandRA 2012 – 0049
Bailii

Registered Land

Updated: 03 January 2022; Ref: scu.550826

F&H (Didsbury) Limited v Plant, Plant, Bond: LRA 4 Mar 2013

LRA Charges and Charging Orders – Charging order – first and second respondents were the joint owners of land both at law and in equity – applicant obtains judgment against second respondent – second respondent executes a document assigning or purporting to assign her beneficial interest in the land to the third respondent – district judge makes interim and final charging orders over the second respondent’s interest in the land in favour of the applicant – applicant applies to register a restriction to protect the charging orders – respondents object – issues as to whether the respondents are entitled to object in light of the charging orders having already been made and whether the assignment to the third respondent was a sham or not.

[2013] EWLandRA 2012 – 0614
Bailii
England and Wales

Registered Land

Updated: 03 January 2022; Ref: scu.550828