(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 been made because he had acquired more than he had bargained for.
Held: The appeal succeeded, but only in part. The land charges search carried out by the purchaser was not sufficient to entitle him to take free from the covenants, and not to order rectification would give the purchaser a windfall.
Judges:
Mummery LJ
Citations:
[1999] 80 P and CR D16)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited by:
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: 30 November 2022; Ref: scu.258361