swarb.co.uk - law index
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Registered Land - From: 2001 To: 2001
This page lists 9 cases, and was prepared on 27 May 2018.
ÂBrown and Root v Sun Alliance [2001] Chancery Ch 733
2001
CA
Registered Land
Until there has been a transfer in accordance with the provisions of the Land Registration Act the legal title to the estate remains with the vendor
1 Cites
1 Citers
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Collings v Lee [2001] 2 All ER
2001
CA
Nourse LJ
Registered Land
The claimants asked the defendant to find a purchaser for their house for a fee. Pretending to be a purchaser under an assumed name, he obtained from them the documents necessary to register the transfer, and received a further payment towards the deposit on a new house. He was registered as proprietor, and obtained a substantial advance on a first charge to a building society. He was later convicted of fraud. C, still in possession, received no money for the sale of their house, and none of the other payments was returned. In a dispute between the Collings and the Building Society, the issue was whether their interest was "an overriding interest" as that of a "person in actual occupation". The Society, relying on Lonrho and Twinsectra argued, "… that the transfer of the property to the first defendant was not void, but voidable by Mr and Mrs Collings; that unless and until they avoided it they had no subsisting equitable interest in the property, their right to avoid it being a 'mere equity'; and that such a right does not fall within s 70(1)(g)." Held: The argument was rejected: "The rationale of the principle, as it applies to a transfer of property, is that even where the transfer is obtained by fraudulent misrepresentation, the transferor nevertheless intends that the whole legal and beneficial ownership in the property shall pass to the transferee. But that was not this case. Mr and Mrs Collings did not intend to transfer the property to the first defendant and they did not intend to transfer it for no consideration. The first defendant acquired the property without their knowledge and consent and in breach of his fiduciary duty to them. The equitable interest remained vested in Mr and Mrs Collings."
Land Registration Act 1925 70)1)(g)
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Kingsalton Ltd and Another v Thames Water Developments Ltd and Others Times, 27 February 2001; Gazette, 26 April 2001; [2001] EWCA Civ 1215; [2001] EWCA Civ 20
19 Jan 2001
ChD
Registered Land
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.
Administration of Justice Act 1977 - Land Registration Act 1925 82
1 Citers
[ Bailii ] - [ Bailii ]
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David Macdonald v Geoffrey Myerson, John Callaghan, Derek A H Law [2001] EWCA Civ 1220
26 Jan 2001
CA
Lord Justice Aldous Lord Justice Mance And Mr Justice Charles
Legal Professions, Registered Land, Contract
The claimant had been involved in mortgage frauds, using the defendant firm of solicitors. He claimed an account following sales of the properties. At the time of the sales, the first defendant knew of the false identities used. The defendants claimed that the money had been paid out, and that the claim was for the proceeds of illegal acts, and he was not entitled to any equitable relief. Held: The houses had in fact been acquired by the claimant because of the use of powers of attorney, even though under a deceitful name. As to illegality, the documents were not executory, and as complete agreements were valid provided the claimant did not have to rely upon an illegal act. Defendants' appeal dismissed.
1 Cites
[ Bailii ]
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Bhullar and Another v McArdle [2001] EWCA Civ 510
10 Apr 2001
CA
The President, Mummery LJ, Rix LJ
Registered Land
The defendant had registered a caution against the claimant's land at the Land Registry. The claimant sought its removal and now appealed an order for rectification of the register against him. The parties had reached oral agreements as to the boundaries. Though nothing was formalised, they were acted upon. The mutual benefit and burden issue can only be tried properly in other proceedings with pleadings and joinder of all interested parties.
There had been an oral agreement for the exchange of lands between neighbours, but it had not been completed by transfers.
Land Registration Act 1925 - Land Registration Act 1986
1 Cites
[ Bailii ]
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Gurpartap Singh Bhullar and Surinder Kaur Bhullar v James Mcardle [2001] EWCA Civ 510
10 Apr 2001
CA
Registered Land
Rectification of register.
Land Registration Act 1925
[ Bailii ]
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N Allee and Co v Hodson [2001] EWCA Civ 951
14 Jun 2001
CA
Land, Registered Land
Boundary dispute.
[ Bailii ]
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Paige v Webb [2001] EWCA Civ 1220
26 Jul 2001
CA
Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans
Land, Contract, Litigation Practice, Registered Land
The claimant sought rescission of a consent order for specific performance made in an earlier action. The purchasers had not complied simply with the order, but had sought to bring back certain parts of the original contract. Held: Once an order for specific performance has been made, the matter of how the contract is to be performed lies with the court, not the parties. The consent order itself referred back to the contract, and the remaining conditions still applied. The consent order should not be rescinded on these grounds. The seller had refused to complete without delivering a deed of rectification, nevertheless that would not in the circumstances pose any practical problem.
Land Registration Act 1925 110(2)
1 Cites
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Bennett and Another v Lewis and Another [2001] EWCA Civ 1983
6 Dec 2001
CA
Parker LJ
Registered Land
Application for leave to appeal against order for rectification of title to land.
[ Bailii ]
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