Thatcher v Douglas and Another: CA 19 Dec 1995

The Court rejected the contention that Celsteel was wrongly decided and that the Rule only applied to legal easements. The court followed Celsteel and applied it to equitable easements, holding them to be overriding interests by virtue of Rule 258. A barrister was wrong to make allegations against a judge without having supporting evidence.
Independent 16-Jan-1996, Times 08-Jan-1996
Land Registration Rules 1925 8258
England and Wales
Citing:
AppliedCelsteel Ltd v Alton House Holdings Ltd ChD 1985
An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The . .

Cited by:
CitedBhullar and Another v McArdle CA 10-Apr-2001
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 . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.89791