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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Registered Land - From: 1930 To: 1959This page lists 5 cases, and was prepared on 27 May 2018. Chowood v Lyall (No 2) [1930] 2 Ch 156; [1930] LJ Ch 405; [1930] LT 546 1930 CA Registered Land The transferees of land registered themselves as first registered proprietors of land including two narrow strips of woodland. The court had found that the strips in fact belonged to a neighbour who had acquired title by adverse possession. Held: A landowner may have sufficient standing to sue the registered proprietor of land for trespass even without seeking rectification of the register because it is the true owner and has a better right to possession. The 1925 Act allowed for rectification of the registers. Land Transfer Act 1875 - Land Registration Act 1925 147 1 Citers Smith v Express Dairy Limited [1954] JPL 45 1954 ChD Harman J Landlord and Tenant, Registered Land Express Dairy (as registered owner) let a shop to Smith, but then transferred its interest to a subsidiary company. The subsidiary did not become registered as owner but nonetheless served notice to quit on Smith. Held: Unless the subsidiary could be treated as having given notice to quit as agent of Express Dairy the notice to quit was bad, because the reversion remained vested in Express Dairy. 1 Citers Lee v Barrey; CA 1957 - [1957] Ch 251 Bridges v Mees; ChD 1957 - [1957] Ch 475 Lee v Barrie [1957] Ch 251 1957 CA Registered Land Plans from Land Registration certificates of title are inadequate to set out boundaries accurately. Land Registration Rules 1925 278 1 Citers |
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