The claimant was a registered chargee of the property. The respondent claimed an overriding interest. The registered proprietor held the land under a bare trust for the defendant, paying her a weekly rent. She was not in occupation. She had registered a caution.
Held: The caution had been properly discharged. A beneficial interest under a bare trust of registered land was a minor interest and not a registrable estate, and could be protected by a restriction only, and rent paid out under such a trust did not ‘issue’ out of the land and was not an overriding interest.
Judges:
Lord Justice Johnathan Parker
Citations:
Times 13-Jun-2002, Gazette 04-Jul-2002, [2002] EWCA Civ 708
Links:
Statutes:
Registered Land Act 1925 2(1) 70(1)(g)
Jurisdiction:
England and Wales
Registered Land, Trusts
Updated: 02 September 2022; Ref: scu.171269