Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002

The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer.
Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in law, it was not a ‘disposition’, and the beneficial owners retained the right to sue in trespass without prior rectification. The discretionary nature of the right of rectification did not prevent it being an over-riding interest under 70(1)(g), and that right was transmissible. Rectification could not be made subject to terms. The claimant being in actual occupation, so as to enjoy an overriding interest, their claim succeeded.


Lord Justice Schiemann, Lord Justice Clarke and Lady Justice Arden


Times 21-Mar-2002, [2002] EWCA Civ 151, [2002] Ch 216, [2002] 3 WLR 1




Land Registration Act 1925 69 70(1)(g) 82


England and Wales


CitedChowood v Lyall (No 2) CA 1930
The transferees of land registered themselves as first registered proprietors of land including two narrow strips of woodland. The court had found that the strips in fact belonged to a neighbour who had acquired title by adverse possession.
CitedWilliams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
CitedKingsalton Ltd and Another v Thames Water Developments Ltd and Others ChD 19-Jan-2001
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, . .

Cited by:

CitedChaudhary v Yavuz CA 22-Nov-2011
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively . .
CriticisedFitzwilliam v Richall Holdings Services Ltd ChD 28-Jan-2013
The claimant said that his property had been sold by someone falsely purporting to be his agent under a forged power of attorney. . .
CitedGold Harp Properties Ltd v Macleod and Others CA 29-Jul-2014
The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances . .
Lists of cited by and citing cases may be incomplete.

Registered Land, Torts – Other

Updated: 05 June 2022; Ref: scu.167949