LRA The council challenged the grant of a possessory title to the respondent. He, acting for English Nature had claimed ownership of a section of foreshore of special scientific interest. The respondent argued that the claimant had not asserted any contrary interst and should not be heard. The council appealed against acceptance of that argument saying that this was a public law matter and had standing accordingly.
Held: The matter was one of private law, and the Council had no standing to object. ‘The changes made by the Land Registration Act 2002 have been a move away from what was called registration of title to what is now sometimes called title by registration.’
‘Mr Wells’ original application to have himself registered as proprietor of a parcel of land raises questions of private law only. The registration of a person as proprietor of land is concerned with conferring upon him private law rights. The fact that those private law rights are recorded in a register which is open to the public does not appear to me to alter the fundamental nature of those rights.’
The schemes of land registration in England and Scotland are sufficiently similar for the court to apply the Wilson case in this. The effect of the closure of the title would be to remove a freehold estate which is currently vested in the registrant by virtue of the 2002 Act. That is undoubtedly a question of private rights.’
Lewison J
[2008] EWLandRA 2006 – 0084
Bailii
Land Registration Act 2002 11(7) 73
England and Wales
Citing:
Persuasive – Wilson and Others v Keeper of the Registers of Scotland SCS 1999
(Inner House) An application was made objecting to the registration of a title to a foreshore. The title applicant objected that this was a matter of private law, and that they had no standing to object.
Held: To apply for the alteration of . .
Cited by:
Cited – Walker and Another v Burton and Another CA 14-Oct-2013
The Burtons had purchased the former Hall of the village of Ireby, and been registered as proprietors of the Lordhsip of the Manor. The villagers had successfully challenged the registration. The Court now considered the circumstances in which the . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 09 November 2021; Ref: scu.429588