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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: 1998 To: 1998

This page lists 7 cases, and was prepared on 27 May 2018.

 
Horrill v Cooper (1998) 78 P & CR 336
1998
QBD
HH Judge Colyer QC
Registered Land
Restrictive covenants were registered against unregistered land, but were not revealed by a subsequent formal search with the result (as found) that as matter of technicality the purchaser took free from them. However, that purchaser knew of the covenants and treated himself as taking subject to them. He had paid a price appropriate to the land being subject to them. Held: The purchaser would have got an "undeserved and unbargained for windfall" if rectification were not allowed so as to subject the land to the covenants. Recification was ordered.
1 Citers


 
M R S Hamilton Limited v The Keeper of the Registers of Scotland
18 Jun 1998
SCS
Lord Hamilton
Registered Land

[ ScotC ]
 
British American Cattle Company v Caribe Farm Industries Limited and others (Belize) Times, 17 September 1998; [1998] UKPC 28
22 Jun 1998
PC

Registered Land
(Belize) In a 'Torrens' system of land registration a later statute could override and vitiate a title granted under an earlier one. The system guaranteed that there should always be someone able to sell the land.
Aliens Landholding Ordnance 1973
[ Bailii ]
 
Mortgage Corporation v Halifax (Sw) Ltd and Another Times, 15 July 1998
15 Jul 1998
QBD

Registered Land
Court had discretion to order disclosure of price paid for neighbouring land where this was relevant to proceedings. Claim for damages for negligent value of property could properly be assisted by knowledge of prices of adjoining land.

 
Central London Commercial Estates Ltd v Kato Kagaku Ltd and Another, Axa Equity and Law Assurance Society Plc (Third Party) Times, 27 July 1998; Gazette, 22 July 1998; Gazette, 30 September 1998; [1998] EWHC Ch 314; [1998] EGCS 117; [1998] 4 All ER 948; [1998] 3 EGLR 55; [1998] 46 EG 185
15 Jul 1998
ChD
Sedley J
Registered Land
Where a squatter had acquired adverse possession rights against lessee, but had not yet applied for registration, a surrender of the registered leasehold did not defeat his claim but operated as acquisition of lessee's rights.
The court was asked "whether, after more than 12 years' adverse possession by a trespasser, the registered leaseholder of land can, by surrendering the remainder of his term to the freeholder, give the latter a right to immediate possession against the erstwhile squatter. In relation to unregistered land the answer, on House of Lords' authority, is yes. The issue is whether the provisions of the Land Registration Act 1925, centrally section 75, produce a different outcome in registered conveyancing." Held: Where a squatter had acquired adverse possession rights against lessee, but had not yet applied for registration, a surrender of the registered leasehold did not defeat his claim but operated as acquisition of lessee's rights.
Land Registration Act 1925 7(1)
[ Bailii ]
 
D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another Times, 14 September 1998; [1999] 1 EGLR 119; [1999] 1 WLR 1249
14 Sep 1998
ChD
Neuberger J
Registered Land, Equity
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on the basis that they were made under a mistake of fact, and were therefore recoverable; alternatively, that even if they were made under a mistake of law, it would be right to order repayment. Held: All the overpayments were recoverable, including the payment made in May 1997, as having been made under a mistake of fact. Where a right to rectify a lease existed, and the tenant assigned the lease, the assignee took as a purchaser for value, and was not bound on that ground, but the right to rectify was also an overriding interest to which he was subject. Rectification is better described as an equitable rather than a discretionary remedy, and is subject therefore to the defences in equity.
Land Registration Act 1925 70(1)(g) - Limitation Act 1980 32(1)(c)
1 Cites

1 Citers



 
 Ferrishurst Ltd v Wallcite Ltd; CA 30-Nov-1998 - Times, 08 December 1998; Gazette, 10 December 1998; Gazette, 27 January 1999; [1998] EWCA Civ 1874; [1998] EWCA Civ 1873; [1999] 1 All ER 977; [1999] Ch 355
 
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