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
