swarb.co.uk - law index
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: 1995 To: 1995
This page lists 4 cases, and was prepared on 27 May 2018.
Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another Ind Summary, 12 June 1995; Times, 21 April 1995
21 Apr 1995
CA
Land, Registered Land
Grant of s38 rights in a Highways agreement didn't operate as grant of future public rights of way, nor create an overriding interest.
Highways Act 1980 38(3)(b) - Land Registration Act 1925 70(1)(a)
1 Cites
First National Bank Plc v Thompson; CA 25-Jul-1995 - Ind Summary, 31 July 1995; Times, 25 July 1995; Gazette, 15 September 1995
Short's Trustee v The Keeper of the Registers of Scotland 1996 SC (HL) 14; [1995] UKHL 21; 1996 SCLR 571; 1996 SLT 166
7 Dec 1995
HL
Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Mustill, Lord Woolf and Lord Nicholls of Birkenhead
Scotland, Registered Land
The limited scope for rectification of registered land titles was explained. If the Keeper were to recognise an error of a very minor nature, such as an obvious spelling mistake, he would amend it at his own hand. However, he would not adjust a boundary. Once an interest had been registered, in normal circumstances, the Keeper would have no reason to examine an entry for errors, unless they were drawn to his attention by others. In relation to the system of registration of title, a balance had to be struck between the interests of persons possessing competing titles. That balance had been settled in section 9 of the 1979 Act. There was no separate mechanism which could be employed in relation to such problems. An error might be found, possibly years after its occurrence, when it could be very difficult to examine the state of the previous title
Land Registration (Scotland) Act 1979
1 Cites
1 Citers
[ Bailii ]
Thatcher v Douglas and Another Independent, 16 January 1996; Times, 08 January 1996
19 Dec 1995
CA
Legal Professions, Registered Land
The Court rejected the contention that Celsteel was wrongly decided and that the Rule only applied to legal easements. The court followed Celsteel and applied it to equitable easements, holding them to be overriding interests by virtue of Rule 258. A barrister was wrong to make allegations against a judge without having supporting evidence.
Land Registration Rules 1925 8258
1 Cites
1 Citers
