The claimant had erected a building on land at the rear of his own property in 1986. He sought to register his title. He complained now that he had been granted only possessory and not absolute title. The land had been unregistered, but had belonged to Railtrack, who would not give consent.
Held: The claim failed. ‘The registrar, it seems to me, is plainly entitled to take a cautious — even an ultra cautious — view of the position so as to avoid putting public funds at risk.’ and ‘conveyancing throws up many surprises. Even on this small piece of land, the possibility of a surprise which might give rise to a claim on the public purse cannot wholly be excluded.’
Mitting J
[2010] EWHC 3315 (Admin)
Bailii
and Registration Act 2002 3 9 62
England and Wales
Registered Land
Updated: 02 November 2021; Ref: scu.427946
