A person may have a sufficient interest in the making of an entry to enable him (or it) to apply for the entry of a restriction within the meaning of section 43(1)(c) of the Act, on the basis of a claim to an interest in the registered estate, even if that claim is not justiciable in the English courts, and is disputed by the registered proprietor.
Citations:
[2009] EWHC 1559 (Ch), [2010] 1 P and CR 5, [2010] 1 P and CR 5, [2010] Ch 200, [2010] 2 WLR 555
Links:
Statutes:
Land Registration Rules 2003 (SI 2003 No 1417) 93, Land Registration Act 2002 42(1)(c)
Jurisdiction:
England and Wales
Cited by:
Cited – Jayasinghe v Liyanage ChD 18-Feb-2010
The claimant appealed against cancellation of his application for a restriction against the defendant’s registered title. The adjudicator had found that the claimant’s assertion of an interest in the land was a fiction.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 04 October 2022; Ref: scu.347311