Application by Respondent to cancel unilateral notices on titles to 4 houses. Applicant claimed a contract of sale bound the Respondent’s titles. The issue was whether the contract had been rescinded by the Respondent. Held that the Respondent had validly served a notice to complete because he was ready able and willing to complete at the date of service. He was able to give vacant possession notwithstanding that a third party had parked his van on the site on the day of service. The title was not incumbered by third parties having made an unestablished claim to a right to park on the land. The failure of the Applicant to complete on the date specified in the notice was a repudiatory breach. The Respondent had accepted that breach and rescinded by notice served on the Applicant. The unilateral notice was to be removed.

Citations:

[2019] UKFTT 506 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 15 September 2022; Ref: scu.645400

The parties had been owners of a property. The defendant was thought to have forged a transfer of the house into her sole name, and then sold on the property to her brother, who was innocent of the forgery. The claimant, on returning to England sought rectification of the register.
Held: The fact that a forgery had taken place was not conclusive to decide the issue. It was not the case that rectification should be ordered only where it would be unjust not to. The fact of possession was significant, but not so that the fact of possession was decisive either. There were two innocent parties, and one would be entitled to an indemnity. The value of the property had increased substantially since the transaction, Mr Lim was in possession of the property, and the value of the claimant’s share in the property at the time was small. Recification against the defendant was refused.

Judges:

Blackburne J

Citations:

Times 08-Jun-2005, [2005] EWHC 630 (Ch)

Jurisdiction:

England and Wales

Citing:

Cited – Kingsalton Ltd and Another v Thames Water Developments Ltd and Others ChD 19-Jan-2001
The fact of possession of land by the registered proprietor was a factor to be given special effect when a court considered an application to rectify the register. The presumptions following from the registration of the land with title absolute, . .

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: 14 September 2022; Ref: scu.226036

Alteration and Rectification of The Register

Citations:

[2019] UKFTT 586 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 11 September 2022; Ref: scu.645423

A strip of land had at one point been left aside for an anticipated road widening which never took place. The defendant had eventually obtained a registered possessory title to it. The claimant, owner of a neighbouring plot, now challenged that title and the truth of the statutory declarations which achieved it.
Held: The claim failed. The manner of occupation by the defendant’s predecessors, in the stationing of a mobile cafe on the land, never amounted to taking possession of it. The cafe remained mobile, never being fixed, and the chairs etc were tidied away at night, and the claimant’s predecessors used the land as licencees of the defendant. The land came to be fenced in only later. The claimant had itself financed the defendant’s application for the title. In conclusion, of the last ten years preceding the application the defendant had been in adverse possession.

Judges:

Kitchin J

Citations:

[2011] EWHC 2437 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘It will be convenient to begin by . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 10 September 2022; Ref: scu.444781

Land Registration – Restriction

Citations:

[2019] UKUT 333 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 03 September 2022; Ref: scu.643086

LRA Easement ‘to enter upon the premises . . and to draw water from the well situate thereon’ held to give right of entry only in connection with the right to draw water from the well. Right not abandoned simply because well was filled in once a mains water supply had been provided to both properties

Citations:

[2009] EWLandRA 2008 – 1430

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429619

LRA Accretion and diluvion – natural alteration of course of stream – alteration of registered boundary to reflect that change

Citations:

[2008] EWLandRA 2007 – 0810

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429597

LRA Dispute between local authorities as to the effect of Articles 6, 16, 19 and 39 of the Local Authorities (England) (Property etc) Order 1973 (1973 No.1861)

Citations:

[2009] EWLandRA 2007 – 1393

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429606

LRA Former highways and the medium filum rule – acquisition of an easement for parking – Law of Property (Miscellaneous Provisions) Act 1989 s2 – Law of Property Act 1925 s62 – Local Government Act 1972, s 132(2A) – Local Government Organisation (Property) Order 1986 – Stopping-Up of Highways (London Borough of Tower Hamlets) (No. 4) Order 1983 – the Abercrombie Report 1944.

Citations:

[2009] EWLandRA 2005 – 0270

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429610

LRA Owner of two adjoining properties sells one of them. Access from the side door of the retained property to the highway involved crossing a very small open area of the property sold. Implied reservation of right of way over that area established on the facts.

Citations:

[2008] EWLandRA 2006 – 1621

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429594

LRA Doctrine of Accretion and Diluvion – Acts of Avulsion – changes in the flow of the River Lym in Uplyme – whether gradual and imperceptible or sudden and dramatic

Citations:

[2009] EWLandRA 2007 – 0760

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429607

Alteration and Rectification of The Register

Citations:

[2008] EWLandRA 2007 – 0865

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429603

LRA Possessory title claim. Strip of land enclosed as part of garden under licence. Effect on licence of change of owner of the garden and on sale of the strip of land. Owner of strip informs new licensee of transfer of title and tells licensee to pay licence fee to new owner, but new owner does not communicate with licensee and no fee is paid for 17 years. Claim that the old licence survived or that a new licence was to be implied is rejected. Authorities reviewed.

Citations:

[2009] EWLandRA 2008 – 0088

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429608

LRA Adverse possession – area used as vehicular access – application fails

Citations:

[2009] EWLandRA 2008 – 0697

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429621

Adverse Possession – Factual Possession – Consent – Landlord and Tenant – Equitable Tenancy – Nature of tenancy and termination of tenancy – Cessation of rent payments

Judges:

Stevens-Hoare

Citations:

[2009] EWLandRA 2007 – 0579

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429609

LRA Adverse possession. Vendor dies before completion. Contractual purchaser breaks into property, changes the locks, develops and lets it. Time runs for the purpose of adverse possession from the date possession is taken by the contractual purchaser. Hyde v Pearce, [1982] 1 All ER 1029, distinguished.

Citations:

[2008] EWLandRA 2005 – 1864

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429601

LRA KEYWORDS – Entry of restriction – House-sharing arrangement – Discharge of express trusts – alleged resulting or constructive trusts – trust claim dismissed

Citations:

[2009] EWLandRA 2008 – 1260

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429623

LRA Adverse Possession

Citations:

[2008] EWLandRA 2007 – 1276

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429599

LRA Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues 2001 2262 (United Nations Treaty Series 253), Articles 3, 4, 5, 7 and 8, Annex B, Articles 2,3,4 and 5; United Kingdom Material on International Law (1996) 67 BYIL 708 – 709

Citations:

[2008] EWLandRA 2008 – 0076

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429605

LRA Applicants and their predecessors were in possession of the disputed land for 45 years or more without consent – Application to register Applicants as proprietors on the basis of adverse possession – The land in question formed part of a common subject to a 1915 management scheme made under the Commons Act 1899 – Adverse possession of such land is possible, although subject to the rights under the scheme, unless such rights are capable of abandonment and have been abandoned (which it was unnecessary to decide) – Section 194 of the Law of Property Act 1925 did not apply as no evidence that land was subject to rights of common on 1 January 1926 – Written acknowledgment of owner’s title irrelevant, as it was after the expiry of the limitation period – Application succeeded

Citations:

[2009] EWLandRA 2008 – 0315

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429617

LRA KEYWORDS – Adverse possession claim – Schedule 6 to the Land Registration Act 2002 – effect of Sections 96 and 97 of the 2002 Act – acknowledgment of title – Section 29 of the Limitation Act 1980 – Without prejudice’ correspondence – whether privileged – alleged perjury

Citations:

[2008] EWLandRA 2008 – 0321

Links:

Bailii

Statutes:

Land Registration Act 2002 96 97 Sch 6, Limitation Act 1980 29

Registered Land

Updated: 02 September 2022; Ref: scu.429604

LRA Registered Charge – collateral security – contribution between co-sureties – transfer of charge – limitation

Citations:

[2008] EWLandRA 2006 – 0170

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429595

LRA Application for first registration – Adverse possession – previous unsuccessful attempt to establish adverse possession – no dedicated access by squatter to disputed land

Citations:

[2008] EWLandRA 2007 – 0327

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429598

LRA Application pursuant to section 41(1) of the Land Registration Act 2002 to have a restriction disapplied. Consideration of terms upon which it would be appropriate for it to be disapplied in all the circumstances.

Citations:

[2008] EWLandRA 2007 – 0880

Links:

Bailii

Statutes:

Land Registration Act 2002 41(1)

Registered Land

Updated: 02 September 2022; Ref: scu.429600

LRA Rectification of the register – Fraud – ‘Correcting a mistake’ – second charge – Schedule 4 Paragraph 5(1)(a) of the Land Registration Act 2002
Ms Ajibade was the registered proprietor of a leasehold flat. Her sister forged a power of attorney in her own favour and in the purported exercise of that power transferred the property to a Mr Abiola (her husband). Mr Abiola took out a mortgage from the Halifax Building Society (which became part of the Bank of Scotland), and he subsequently took a further loan from a company called Endeavour; both loans were charged on the property and duly registered on the Charges Register. Mr Abiola did not oppose the rectification of the Proprietorship Register by removing him as registered proprietor. As regards the chargees, the Bank of Scotland apparently accepted that it followed that its charge also would have to be removed from the Charges Register; but Endeavour took a different line. As summarised by Mr Rhys: ‘It contends that whether or not the transfer in favour of Mr Abiola was a nullity, its second charge must remain on the register, even if the Applicant succeeds in having herself restored as proprietor. Essentially, it contends that Mr Abiola, once registered as proprietor, albeit by virtue of a fraudulent transaction, was entitled to charge the property to Endeavour, and consequently there is no ‘mistake’ within the meaning of Schedule 4 Paragraph 5 to relieve against.’
The bank relied in particular on the view expressed in Ruoff and Roper that a narrow view of the concept of ‘correcting a mistake’ should be adopted.
Mr Rhys rejected that argument: ‘In one sense, the arguments addressed to me by both the Applicant and Endeavour have been focussed on the wrong word – namely ‘mistake’. The Applicant contends that the registration of Endeavour is, in effect, a mistake. Endeavour contends that is not. However, it is manifest, and not disputed, that there was an operative mistake when the Land Registry registered Mr Abiola as proprietor of the Property. The real question, it seems to me, is to decide how far the registrar can go in ‘correcting’ that mistake. It is accepted that Mr Abiola should be removed from the register and the Applicant replaced as proprietor in the Proprietorship Register. It is also accepted that Halifax Plc should be removed from the Charges Register. Would these steps entirely correct the original mistake? The Property would still remain subject to the second charge created by the fraudulently-registered Mr Abiola, and the Applicant would regain her title but encumbered by this charge. It does not seem to me that, in such circumstances, the mistake has been fully corrected. Certainly, all the consequences of the mistake would not have been corrected, even though it would be open to the registrar to do so by rectifying the Charges Register by removing Endeavour’s charge. In my judgment, there is no basis for construing the expression ‘correcting a mistake’ in such a restrictive way. It seems to me that this formulation is intended to give the registrar wide scope to exercise the discretion to rectify in a fair and just way. It would have been possible to have imposed express limitations on the power in the sense contended for by Endeavour if this had been the intention – as indeed limitations have been imposed in regard to proprietors in possession (see Schedule 4 Paragraph 6). It seems to me that it would be perverse to limit the registrar’s power to rectify the register to the correction of only one consequence of the mistake, leaving uncorrected the other direct consequences of the original mistake. Protection for parties in the position of Endeavour is to be found both in the undoubted requirement that the registrar should exercise his power in a fair and just way, and in the existence of an indemnity from the Land Registry.’ He considered whether his approach went too far in undermining the ‘sanctity’ of the Register; but he believed that it did not. In that connection he noted that his conclusion was in line with the position under the 1925 Act and referred to Argyle Building Society v Hammond.

Judges:

Mr Rhys

Citations:

[2008] EWLandRA 2006 – 0163

Links:

Bailii

Statutes:

Land Registration Act 2002

Citing:

See Also – Ajibade v Bank of Scotland Plc (Formerly Halifax Plc), Endeavour Personal Finance Ltd LRA 8-Apr-2008
LRA Alteration and Rectification of The Register : Discretion of The Registrar and of The Adjudicator – Rectification of the register – Fraud – ‘Correcting a mistake’ – second charge – Schedule 4 Paragraph . .

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: 02 September 2022; Ref: scu.429592

LRA Adverse Possession – Landlord and Tenant – Land adjoining the demise – Rebutting the presumption

Citations:

[2008] EWLandRA 2006 – 1547

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429586

LVT Alteration and Rectification of The Register

Citations:

[2007] EWLandRA 2006 – 0984

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429579

Alteration and Rectification of The Register

Citations:

[2008] EWLandRA 2005 – 0679

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429584

Citations:

[2007] EWLandRA 2005 – 0886

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429571

Direction to give effect to claimant’s application.

Citations:

[2007] EWLandRA 2006 – 0931

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429576

LRA Application to enter a restriction – property purchased with benefit of right to buy discount – whether held on constructive or resulting trust – effect of discount – Chief Land Registrar ordered to give effect to restriction

Citations:

[2008] EWLandRA 2006 – 0882

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429589

LRA Application for first registration based on adverse possession – whether adverse possession established – whether land part of highway – hedge to hedge presumption – London Borough of Bromley v Morritt (1999) 78 PandCR D 37 – J A Pye (Oxford) Ltd v Graham [2003] 1 AC 419 – Hale v Norfolk County Council [2001] Ch 717 – Mayor and Burgesses of London Borough of Bexley v Maison Maurice Chief Land Registrar ordered to give effect to application as if no objection had been made

Citations:

[2008] EWLandRA 2005 – 1051

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 September 2022; Ref: scu.429583

LRA Beneficial Interests and Trust – Constructive trust – proprietary estoppel – whether Applicant entitled to retain caution – whether transfer from Second to First Respondent should be registered. Chief Land Registrar ordered to cancel caution and register transfer.

Citations:

[2006] EWLandRA 2004 – 1226

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429555

LRA Boundary dispute – general boundaries rule – whether alteration of line of general boundary affects the title of a proprietor of a registered estate in relation to adjoining land in his possession – an application to the Chief Land Registrar to correct a mistake on the registered plan as to the boundary is generally inappropriate when the disputed land has been built upon by the adjoining owner until a court has decided whether to grant damages or an injunction against the adjoining owner.

Citations:

[2006] EWLandRA 2005 – 0106

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429552

LRA Easements – Rights of Parking – Rights of Way – Ancillary Easements – Prescription -Express rights – Application refused

Citations:

[2006] EWLandRA 2005 – 1664

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429558

LRA (Charges and Charging Orders)

Citations:

[2007] EWLandRA 2005 – 0256

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429563

LRA Beneficial Interests and Trust – Proprietary estoppel – adult son working in family business with father and uncle – alleged promise of a small garage from which he could carry on own business as well as assist in family business – factual issues arising as to whether promise made, reliance and detriment – was it unconscionable for the promissors’ successor not to transfer the freehold to the adult son almost 30 years later.

Citations:

[2006] EWLandRA 2006 – 0271

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429554

Possessory title of registered land – necessary intention on the part of the occupier – what amounts to adverse possession under paragraph 1 of Schedule 6 to the Land Registration Act 2002 – effect of a failure by the paper owner to require an application to be dealt with under paragraph 5 of Schedule 6

Citations:

[2006] EWLandRA 2005 – 1229

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429551

Public highway – ‘once a highway always a highway’ – Section 32 Highways Act 1980 – Definitive Map – Sections 53 and 58 Wildlife and Countryside Act 1981

Citations:

[2007] EWLandRA 2005 – 1274

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429570

LRA Adverse possession – whether user permissive – whether factual possession and intention to possess established – whether title was acknowledged under ss 29 and 30 of the Limitation Act 1980 – effect of squatter being secure tenant and subsequently exercising right to buy – J A Pye (Oxford) Ltd v Graham [2003] 1 AC 419; Tower Hamlets v Barrett [2006] 1 PandCR 9

Citations:

[2006] EWLandRA 2005 – 1168

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429557

LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras 1, 8 – Law of Property Act 1925 s 62 – Use by adjoining owners of a strip of land next to a canal for their business – Whether factual possession and intention to possess

Judges:

Cousins A

Citations:

[2007] EWLandRA 2004 – 0765

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429567

LRA Private road – formerly part of an estate which had been split up – claim by registered proprietor of land on both sides of part of the road to ownership of that part – construction of earlier conveyances – ad medium filum presumption – adverse possession – Was that part of the road subject to a right of way?

Citations:

[2006] EWLandRA 2005 – 1307

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429553

Charges and Charging Orders

Citations:

[2006] EWLandRA 2005 – 0554

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429542

Leases and Licenses – direction to refuse application for registration of lease – void under 19(1)

Citations:

[2005] EWLandRA 2004 – 0953

Links:

Bailii

Statutes:

Leasehold Reform Housing and Urban Development Act 1993 19(1)

Registered Land

Updated: 02 September 2022; Ref: scu.429536

Alteration and Rectification of The Register – Alteration of Register – Transfer – Power of Attorney – Forgery – Registered Proprietor in Possession – Discretion to Alter Register

Citations:

[2006] EWLandRA 2005 – 0899

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429545

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 not made out – Application dismissed

Citations:

[2006] EWLandRA 2004 – 1242

Links:

Bailii

Statutes:

Land Registration Act 1925 75, Limitation Act 1980 15

Registered Land

Updated: 02 September 2022; Ref: scu.429543

Adverse Possession

Citations:

[2005] EWLandRA 2004 – 0664

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429535

LRA Boundary Dispute

Citations:

[2006] EWLandRA 2006 – 0261

Links:

Bailii

Registered Land

Updated: 02 September 2022; Ref: scu.429546

Land Registration – Alteration

Citations:

[2019] UKUT 308 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 01 September 2022; Ref: scu.642818

The claimants appealed against a decision of the Adjudicator that they had not acquired a piece of their neighbour’s land by adverse possession, on the basis that their use had been by virtue of an oral licence. The judge had found the occupation to be insufficient to demnstrate exclusion of others from the land.
Held: The appeal failed. The issue was whether the acts of possession asserted constituted a sufficient degree of exclusive control, and was not whether the claimants had done everything they might be expected to do. That was the test applied by the Adjudicator. The factual conclusions were justified on the evidence.

Judges:

Vos J

Citations:

[2009] EWHC 3145 (Ch)

Links:

Bailii

Statutes:

Land Registration Act 2002, Limitation Act 1980 15(1)

Jurisdiction:

England and Wales

Citing:

Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘It will be convenient to begin by . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 29 August 2022; Ref: scu.384069

Citations:

[2002] EWCA Civ 1080

Links:

Bailii

Statutes:

Land Registration Act 1925 56(3)

Jurisdiction:

England and Wales

Registered Land

Updated: 29 August 2022; Ref: scu.175215

Renewed application for leave for a second appeal against refusal of a request to the Land Registry to rectify a register entry.
Held: Leave was given.

Judges:

Mummery LJ

Citations:

[2010] EWCA Civ 1013

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 24 August 2022; Ref: scu.424792

LRA Determined Boundary – whether title plans determinative of the boundary between car-parking spaces – whether extrinsic evidence admissible as an aid to the construction of the transfers – whether the intention of the parties to the original transfer is admissible evidence.

Citations:

[2012] EWLandRA 2011 – 0522

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Webb v Nightingale CA 8-Mar-1957
A boundary line which the parties had agreed and marked out could supersede a plan on a conveyance expressly said to be for identification only. Lord Denning: ‘It seems to me that the line of white stakes with the white peg in the south-east corner . .
Cited – Willson v Greene (Moss third party) ChD 1971
The court could take into account objective surrounding circumstances indicating where the boundary line had been agreed and marked out by the parties. Thus extrinsic evidence of where the land was identified by pegs was admissible and the extrinsic . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 19 August 2022; Ref: scu.510149

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 J ordered that the register be rectified by vacating the cautions. He had power to make the order either under paragraph (a) or under paragraph (b) and that ‘it matters not whether the order is expressly made under paragraph (a) or paragraph (b).’

Judges:

Brightman J

Citations:

[1971] 1 WLR 81

Statutes:

Land Registration Act 1925 82 83

Jurisdiction:

England and Wales

Cited by:

Cited – Nugent v Nugent ChD 20-Dec-2013
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 . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 16 August 2022; Ref: scu.519754

The court was asked as to the protection given by the 1925 Act to a purchaser, defined as one taking in good faith for valuable consideration.
Held: A purchaser ‘cannot in my judgment be in good faith if he has in fact notice of something which affects his title’.

Judges:

Graham J

Citations:

(1976) 242 EG 123, [1978] 3 All ER 745, [1977] 1 WLR 285, [1976] EWHC Ch 1

Links:

Bailii

Statutes:

Land Registration Act 1925

Jurisdiction:

England and Wales

Cited by:

Strongly criticised – Chaudhary v Yavuz CA 22-Nov-2011
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 16 August 2022; Ref: scu.245429

Citations:

[2018] EWCA Civ 2685

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 16 August 2022; Ref: scu.630777

Judges:

Lord Justice Ward Sir Martin Nourse

Citations:

[2006] EWCA Civ 330

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 15 August 2022; Ref: scu.239799

Renewed application for permission to bring judicial review proceedings on behalf of Barons Finance Limited against the Chief Land Registrar as to decisions to remove and to cancel a unilateral notice registered against a title.

Judges:

Simon J

Citations:

[2010] EWHC 1088 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 03 August 2022; Ref: scu.431927