Tag: Registered Land

Bacchus v Maduro: LRA 21 Dec 2017

Beneficial Interests, Trusts and Restrictions : Severance
The Applicant bought a house together with the Respondent’s mother as joint tenants in 1966, and both lived in separate parts. They were not related nor were they in a relationship. Solicitors acting for Respondent and her mother purportedly sent a notice severing the tenancy in November 1995. This led to a restriction being placed on the title. A second notice was allegedly served by Respondent’s daughter in December 2003, when her mother was ill in hospital. Respondent’s died in March 2004. Applicant applied to remove the restriction and claimed that neither notice had been served. Held that both notices had been served in accordance with section 196(3) of the Law of Property Act 1925.

Citations:

[2017] EWLandRA 2017 – 0125

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land, Trusts

Updated: 05 April 2022; Ref: scu.605824

Ellis v Meltzer: LRA 21 Dec 2017

Charges and Charging Orders : Subrogation – By oversight, on completion of a sale of a Property the solicitor (Applicant) failed to secure the discharge of one of 2 charges – balance of the completion monies (after redemption of the other mortgage) were paid to HM Revenue and Customs. After Respondent adjudged bankrupt. Applicant paid a sum equal to the monies paid to HMRC to the bank to secure the discharge of 2nd charge. Applicant then proved in the bankruptcy as an unsecured creditor and received a dividend of part of his debt. Applicant registered a unilateral notice against Respondent’s matrimonial home claiming to be subrogated to the rights of the bank, which held a charge against that property, to secure the balance. Held the unilateral notice be cancelled as the Tribunal was not satisfied that the enrichment Applicant relied upon was unjust and/or that subrogation was an appropriate remedy and because the Applicant had surrendered any claim to security by his proof in the bankruptcy.

Citations:

[2017] EWLandRA 2016 – 0692

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 05 April 2022; Ref: scu.605823

Akhtar v Slough Borough Council: LRA 27 Oct 2017

Applicant alleged that her signature on the Transfer of the property had been forged and that the signature (whosever it was) had not been properly witnessed. She sought rectification of the register and her reinstatement as proprietor. There was no objection from the registered proprietor but the Respondent had a restriction in the register in respect of a restraint order under Proceeds of Crime Act 2002. The Tribunal found there was insufficient evidence of a forgery. The defective attestation was proven but, on analysis, did not mean there had been a mistake in the register. The Respondent, as the beneficiary of a restraint order, was entitled to be heard on the question of rectification.

Citations:

[2017] EWLandRA 2016 – 0207, [2017] UKFTT 803 (PC)

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601394

Perinpanathan v Popat, Official Receiver As Trustee In Bankruptcy of: LRA 27 Sep 2017

Adverse possession – 2nd Respondent bought the land in 1989 and was registered as proprietor but never took possession. It remained part of the back garden of the house whose owner sold it to 2nd Respondent. Applicant was the seller’s successor in title; she took over the earlier adverse possession. She was entitled to be registered as proprietor pursuant to the transitional provisions; she applied instead under the transitional provisions but was allowed to proceed under Schedule 6 paragraph 5(3). There was no valid objection; but the Respondent’s objection was put in just out of time (at 12:01 on the 65th business day), so the decision sets out in detail why the application would have been successful in any event under paragraph 5(3).

Citations:

[2017] UKFTT 712 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601389

Iqbal and Another v Buckinghamshire County Council: LRA 17 Aug 2017

(Practice and Procedure : Scope of Jurisdiction) Application for first registration of a section of embankment to the rear of the Applicants’ home based on adverse possession. Respondent, the local highway authority, argued that the embankment formed part of a defined public footpath and was accordingly part of a highway. The parties accepted that if the disputed land was part of a highway the claim based on adverse possession should fail. The current definitive map of the defined public footpath did not specify the width of the pathway. The embankment did not form part of the footpath as currently used but the local authority contended that the disputed land was part of an ancient drovers’ way. The local authority did not call any expert evidence and the very limited factual evidence was tendered. The evidence presented was not sufficient to support the local authority’s contention and the Applicants’ evidence established adverse possession of the embankment. The application succeeded. The Decision includes a discussion of the extent of the Tribunal’s jurisdiction to consider matters not raised in objections made to the Land Registry prior to the reference. Contrary to the Applicants’ submission, it was held that the Tribunal had jurisdiction to determine on the evidence whether the Applicants had adversely possessed the disputed land even though the local authority had not challenged the claim to adverse possession until after the reference. The question of whether the Applicants had adversely possessed the land was part of the ‘matter’ referred to the Tribunal, adopting the approach set out in paragraph 7.4 of A Practical Guide to Land Registration Proceedings.

Citations:

[2017] UKFTT 679 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601382

Williams v Besai: LRA 15 Sep 2017

(Fraud, Forgery, Duress and Undue Influence : Effect On Registered Title) Fraud. Applicant sought registration of a transfer; Respondent (the transferor) said that he did not sign either the contract or the TR1. The judge found that although he did not sign the TR1 he did sign the contract. Therefore although the registrar was ordered to cancel the application for registration of the transfer, the judge directed the entry of a notice to protect the contract.

Citations:

[2017] UKFTT 713 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601390

Jani v Jani: LRA 5 Sep 2017

(Beneficial Interests, Trusts and Restrictions : Express Agreement) Applicant sought a restriction in Form A to record her beneficial interest in the flat in which she lived, which was part of the registered title, the rest of the title being the ground-floor commercial premises. The Respondent agreed that she could have a restriction (because it was agreed that she had a life interest in the flat) but sought the amendment of the standard form so as to refer only to the flat itself, so as not to hamper his ability to grant leases of the rest of the property. Held that the amendment of the restriction would not meet the criteria set out in s 43(3) of the LRA 2002 (in particular, it would impose an unreasonable burden on the registrar) and so directed the registrar to give effect to the Applican’s application.

Citations:

[2017] UKFTT 758 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601387

Khela v Batshoof Investment Lte and Another: LRA 7 Aug 2017

(Charges and Charging Orders : Bankruptcy and Insolvency) Applicant and 2nd Respondent were the registered proprietors of the property; 1st Respondent had a registered charge dated 1993. Nothing had been paid and no interest had accrued under the charge since 1993. A applied to have the charge removed. R1 objected on the basis that it had been acknowledged, by letter from R2’s trustee in bankruptcy as agent for R2. Held that the trustee in bankruptcy was not R2’s agent and also that in any event one mortgagor could not make on behalf of both proprietors an acknowledgement sufficient for section 29 of the Limitation Act 1980. The registrar was directed to respond to the application as if the objection had not been made.

Citations:

[2017] UKFTT 676 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601383

Miah v Shafi: LRA 25 Aug 2017

(Beneficial Interests, Trusts and Restrictions : Express Agreement) Claim by A to a beneficial interest in a property bought as an investment at auction in A’s absence and paid for initially with R’s own borrowed funds. A and R had attended auctions together before and A’s evidence was that they had agreed to go into business together, buying and letting out houses. Two months after completion, A transferred to R’s account money borrowed from the bank and from relatives and friends amounting to exactly half the total of the purchase price and costs. The property was let out. There was a chain of texts from A complaining that he had not received his share of the rent, which produced some payments from R. In the proceedings R claimed that A had lent the money to R without R having asked for the money. Held that there was an express agreement that the property would be held for A and R in equal shares. I accepted A’s evidence that R had told him that it was only a technicality that legal title was in his name. A’s claim succeeded. There had been video evidence in the form of an exert from the tv programme ‘Under the Hammer’, showing A and R at an auction and raising their arms together to bid for a property.

Citations:

[2017] UKFTT 677 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601384

Arrow Global Guernsey Ltd v Kazibwe and Another: LRA 22 Sep 2017

(Charges and Charging Orders : Charging Orders) Co-owner agreed at the hearing that a judgment creditor with a charging order final was entitled to enter a restriction in the register. An oral agreement between the co-owners in 2007 whereby one transferred her interest to the other was not documented in any way. Post that agreement both co-owners joined in the re-jig of the mortgage, even though all repayments were made by one of them.

Citations:

[2017] UKFTT 714 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601386

O’Regan v Cruikshank: LRA 30 Aug 2017

(Beneficial Interests, Trusts and Restrictions : Express Agreement) This was a beneficial interest case where the parties had made an agreement about their interests at the time of purchase but had subsequently made an express agreement which changed their interests. As a result of the finding as to the beneficial interests the registrar was directed to give effect to the application for a restriction. A good example of a beneficial interest dispute where the finding as to the quantum of the interest was an integral part of the decision that there was an interest. The latter could not have been made without the former.

Citations:

[2017] UKFTT 736 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Registered Land

Updated: 02 April 2022; Ref: scu.601385