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
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.
Updated: 22 January 2022; Ref: scu.258360