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: 2003 To: 2003
This page lists 8 cases, and was prepared on 27 May 2018.
Kienast v Austria 23379/94; [2003] ECHR 38; [2003] ECHR 38
23 Jan 2003
ECHR
Human Rights, Registered Land
Hudoc No violation of Art. 6-1 ; No violation of P1-1 ; No violation of Art. 13
The applicant complained that the unification of two parcels of land occupied by him, and registered in the Austrian land registry, and without his consent, infringed his property and human rights. The procedure did not require his consent. He complained that the unification would prevent him being able to sell the land as two plots. Held: No infringement had occurred. He had not been deprived of any ownership of land, and there was no dispute resolved unfairly. He had not been deprived of any possessions.
European Convention on Human Rights 6.1 13
[ Bailii ] - [ Bailii ]
Safeway Stores Plc v Tesco Stores [2003] ScotCS 171
6 Jun 2003
IHCS
Lord Osborne, Lord Hamilton, Lord Kingarth
Scotland, Land, Registered Land
The parties appealed a decision of the Lands Tribunal for Scotland ordering rectification of the land register. A small area had been registered to two registers, and an error had occurred on the digitisation of the plan. Held: The system of land registration is distinctive to Scotland. The concept of possession had been adequately applied by the tribunal, and their decision was upheld.
Tribunals and Inquiries Act 1992 11 - Land Registration (Scotland) Act 1979
1 Cites
[ Bailii ] - [ ScotC ]
Valentine v Allen and others [2003] EWCA Civ 915
4 Jul 2003
CA
Lord Justice Peter Gibson, Lord Justice Chadwick And Lady Justice Hale
Registered Land
There was a claim in trespass arising from mistakes arising on the setting up of a small residential development. An easement necessary to the enjoyment of the plots sold off, was required over land no longer owned by the grantor at the time of the apparent grant. Held: The circumstances were not such as to allow an equitable easement to arise, and nor by any estoppel. He had stood by while, for example a garage had been built across the path of the purported easement. Appeal dismissed.
1 Cites
[ Bailii ]
Raymere Ltd v Belle Vue Gardens Ltd [2003] EWCA Civ 996; Times, 14 August 2003
17 Jul 2003
CA
Lord Justice Brooke, Lord Justice Jonathan Parker And Mr Justice Holman
Landlord and Tenant, Registered Land
Tenants of a block of flats sought enfranchisement. The landlord said the notices were defective in that the office copies supplied did not show the entitlement of the persons giving notice at the relevant time. Held: The scheme for collective enfranchisement must apply with equal rigour to unregistered and registered land. The consequence of non-compliance with a section 20 notice is that no further initial notice can be given in respect of the same premises for another twelve months. That indicates that the requirement to deduce title is more an administrative or procedural requirement than a requirement to prove conclusively that the tenant has a good title in law as at the relevant date. Less than perfect compliance should not defeat a notice.
Leasehold Reform Housing and Urban Development Act 1993 20 - Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 (SI 1993/2407) 2 - Land Registration Act 1925 110(1)
1 Cites
[ Bailii ]
Scottish and Newcastle Plc v Raguz [2003] EWCA Civ 1070; Times, 09 September 2003; [2004] L&TR 11
24 Jul 2003
CA
Lord Justice May Lord Justice Sedley The Vice-Chancellor
Landlord and Tenant, Registered Land
Leases had been granted. They had been assigned to the defendant who had assigned them again. The last assignee became insolvent and statutory demands were served on the claimant under the 1995 Act for rent. The claimant paid the sums due and now sought them from the defendant. He countered that his obligation under the 1925 Act was as guarantor, and that his obligation might be discharged by a claimant's wrongful act. Held: The 1925 Act implied an obligation of indemnity, and was unaffected by any act of the claimant.
The indemnity applied also to any VAT charged to the rent: "The original lease constituted a contract for a relevant supply by the landlord to the tenant for which the rent covenanted to be paid was consideration. In view of the terms of s. 89(3) it is indisputable that when the lessor opted to tax the supply there was a change in the VAT charged on that supply. That change occurred before the supplies with which this claim is concerned were rendered. Accordingly the express terms of s. 89(1) requires VAT at the relevant rate to be added to the rent as part of the consideration for the supply by the Lessor to the Tenant. In my view it follows that the default of the Tenant in paying the rent including the VAT thereon falls within the terms of the implied covenant because it constitutes a failure to pay the rent "by and in the registered lease reserved and contained" as amended in accordance with s. 89(1)."
Land Registration Act 1925 24(1) - Landlord & Tenant (Covenants) Act 1995
1 Cites
1 Citers
[ Bailii ]
Hunt v Weston Homes Plc [2003] EWHC 2546 (Ch)
31 Oct 2003
ChD
The Honourable Mr Justice Peter Smith
Registered Land
Neighbouring land owners disputed the boundary of their registered plots. Held: The plans provided to the court and those based upon the land registry were inadequate properly to identify the boundaries. One plan of unspecified origin did give sufficient detail and settled the dispute against the defendant.
1 Cites
[ Bailii ]
Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender [2003] EWHC 2834 (Ch)
25 Nov 2003
ChD
The Honourable Mr Justice Peter Smith
Consumer, Contract, Land, Registered Land
Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer "unless a contrary intention is expressed" in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power to revoke an order made under the earlier rules. Peter Smith J: "In my opinion, section 114 LPA 1925, either has no impact in the case of a transfer of a registered charge under registered land or its effects are subject to the need for the transferee to become registered proprietor under the LRA regime." and
"In my judgment although s. 114 LPA does not say so it is not intended to apply to transfers of registered charges under the LRA 1925. The regime for transferring those charges is the statutory regime to which I have made reference above."
"That does not mean that section 114 will have no effect."
Law of Property Act 1925 114
1 Citers
[ Bailii ]
Beale v Harvey [2003] EWCA Civ 1883; [2004] 2 P&CR 18
28 Nov 2003
CA
Peter Gibson LJ
Land, Registered Land, Estoppel
Land had been divided into three lots on its development, but the site plan did not match the line of a fence actually erected. Held: The court was not bound by the Watcham case, and would not follow it to allow reference to the later behaviour of parties in interpreting a deed. The court related the conveyance plan to the features on the ground and concluded that, on the facts, the dominant description of the boundary of the property conveyed was red edging in a single straight line on the plan.
The judge had been incorrect in not allowing the defendant to plead an estoppel. However there had been insufficient detriment suffered to establish an estoppel, and the defence failed. The appeal was dismissed.
Land Registration Act 1925 70(1)(g)
1 Cites
1 Citers
[ Bailii ]
