An option to purchase the reversion contained in a seven-year lease was protected under s. 70(1) by virtue of the tenant’s occupation under the lease. ‘It is vital . . . to bear in mind that what we are seeking to ascertain at present is whether options to purchase are overriding interests or rights within s. 70(1)(g), and not what may constitute notice of those rights.’ Citing National Provincial, he said, ‘In section 70(1)(g) itself, notice is covered by the concluding words ‘save where enquiry is made of such person and the rights are not disclosed.’ Thus, in this very subsection, ‘the rights’ are contrasted with and therefore are not defined or ascertained by reference to what constitutes notice of these rights. Notice, before the Act, is replaced by the express provision relating to notice in sub-paragraph (g) itself. So, it seems to me, that the question whether an option to purchase is a right within section 70 (1) (g) has to be decided independently of what constitute notice of those rights.’
Judges:
Ungoed-Thomas J
Citations:
[1966] Ch 584
Statutes:
Land Registration Act 1925 70(1)(g)
Jurisdiction:
England and Wales
Citing:
Cited – National Provincial Bank Ltd v Hastings Car Mart Ltd CA 1964
The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any . .
Cited by:
Cited – Kling v Keston Properties Ltd ChD 1985
The plaintiff had and exercised a right of pre-emption entitling him to take a long lease of a garage. He was at the time also licensee of the garage.
Held: The use of the garage amounted to actual occupation, thereby protecting the right as . .
Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 29 April 2022; Ref: scu.187682