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These 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.  














Registered Land - From: 1970 To: 1979

This page lists 12 cases, and was prepared on 27 May 2018.


 
 Parkash v Irani Finance Ltd; ChD 1970 - [1970] Ch 101
 
Hodgson v Marks [1970] 3 WLR 956
1970
ChD
Ungoed-Thomas J
Registered Land
The plaintiff, an elderly widow, transferred her house into the name of her lodger, but remained in occupation of the house, on exactly the same basis as before, until the lodger sold the house and the purchaser had mortgaged it to a building society. Held: The court dismissed the plaintiff’s claim to be registered as unencumbered proprietor on the ground that her occupation was insufficiently apparent to constitute an overriding interest: "So at all material times, Mrs Hodgson was in fact in physical occupation of the premises and, more, had the right to occupy them. It seems to me that in general (if this matter can be considered at all independently of context) such physical occupation, even apart from such right to occupy, would constitute what would be meant by actual occupation generally".
Land Registration Act 1925 70(1)(g) - Law of Property Act 1925 53
1 Citers


 
London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd [1971] Ch 499
1971
ChD
Brightman J
Registered Land

Land Registration Act 1925 70(1)(g)
1 Cites

1 Citers


 
Calgary and Edmonton Land Co Ltd v Discount Bank (Overseas) Ltd [1971] 1 WLR 81
1971
ChD
Brightman J
Registered Land
Cautions had been registered against land to protect interests claimed in a pending action. The action had been struck out at first instance, an appeal to the Court of Appeal had failed but a petition for leave to appeal to the House of Lords was still pending. Held: On an interlocutory notice of motion Brightman J ordered that the register be rectified by vacating the cautions. He had power to make the order either under paragraph (a) or under paragraph (b) and that "it matters not whether the order is expressly made under paragraph (a) or paragraph (b)."
Land Registration Act 1925 82 83
1 Citers



 
 London Cheshire Co v Laplagrene; 1971 - [1971] Ch 499
 
Hodgson v Marks [1971] EWCA Civ 8; [1971] Ch 892; (1971) 22 P & CR 586; [1971] 2 WLR 1263; [1971] 2 All ER 684
12 Mar 1971
CA
Russell, Buckley, Cairns LJJ
Registered Land, Trusts
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold the title to the defendant who bought it with the assistance of a mortgage. He knew of her presence in the house, but not of the arrangement. The court was now asked as to the resulting position within the 1925 legislation. Held: A registered proprietor, not being a purchaser for value and without notice of an occupier's interests, will hold the legal estate on Trust for the occupier with no right to assign the equity.
Land Registration Act 1925 70(1)(g) - Law of Property Act 1925 53
1 Cites

1 Citers

[ Bailii ]
 
Breskvar v Wall [1971] 126 C.L.R. 376
13 Dec 1971


Commonwealth, Registered Land
(High Court of Australia) The fact that an instrument of transfer of land was void or voidable did not prevent the transferee from acquiring an indefeasible interest in accordance with the instrument when it was registered.
1 Citers

[ Austlii ]
 
Elias v Mitchell [1972] Ch 652
1972


Registered Land
A caution against dealings can only be registered to protect some form of interest in land
1 Citers


 
Lester v Burgess (1973) 26 P&CR 536
1973


Registered Land

1 Citers



 
 Freer v Unwins Ltd; ChD 1976 - [1976] Ch 288
 
Peffer v Rigg and Another (1976) 242 EG 123; [1978] 3 All ER 745; [1977] 1 WLR 285; [1976] EWHC Ch 1
17 Mar 1976
ChD
Graham J
Registered Land
The court was asked as to the protection given by the 1925 Act to a purchaser, defined as one taking in good faith for valuable consideration. Held: A purchaser "cannot in my judgment be in good faith if he has in fact notice of something which affects his title".
Land Registration Act 1925
1 Citers

[ Bailii ]
 
Williams and Glyn's Bank Ltd v Boland [1979] Ch 312
1979
CA

Registered Land
Money was raised on mortgage of registered land and paid to a single trustee holding the land on trust for sale, and it was held that the rights of beneficiaries who were in occupation and of whom no enquiries had been made were not mere minor interests but overriding interests within s.70(1)(g) and so binding on the mortgagee.
1 Citers


 
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