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, meant that possession of the land gave the proprietors ownership unless, and until, that presumption was displaced, and the Act gave the judge a discretion.
Citations:
Times 27-Feb-2001, Gazette 26-Apr-2001, [2001] EWCA Civ 1215, [2001] EWCA Civ 20
Links:
Statutes:
Administration of Justice Act 1977, Land Registration Act 1925 82
Jurisdiction:
England and Wales
Cited by:
Cited – Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others CA 22-Feb-2002
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer.
Held: On registration, section 69 operated to . .
Cited – Pinto v Lim ChD 19-Apr-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 10 June 2022; Ref: scu.135613