Land Registration in UK Law

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Leading Cases
  • Abbey National Building Society v Cann
    • House of Lords
    • 29 Mar 1990

    The reality is that, in the vast majority of cases, the acquisition of the legal estate and the charge are not only precisely simultaneous but indissolubly bound together. The acquisition of the legal estate is entirely dependent upon the provision of funds which will have been provided before the conveyance can take effect and which are provided only against an agreement that the estate will be charged to secure them.

    It is, perhaps, dangerous to suggest any test for what is essentially a question of fact, for "occupation" is a concept which may have different connotations according to the nature and purpose of the property which is claimed to be occupied. A caretaker or the representative of a company can occupy, I should have thought, on behalf of his employer. On the other hand, it does, in my judgment, involve some degree of permanence and continuity which would rule out mere fleeting presence.

  • City of London Building Society v Flegg
    • House of Lords
    • 14 May 1987

  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Jul 2002

    They sought rights to graze or cut grass on the land after the summer of 1984, and were quite prepared to pay. When Pye failed to respond they did what any other farmer in their position would have done: they continued to farm the land. While I am satisfied that the appeal must be allowed for the reasons given by my noble and learned friend, this is a conclusion which I (like the judge: p 709F) "arrive at with no enthusiasm".

    The unfairness in the old regime which this case has demonstrated lies not in the absence of compensation, although that is an important factor, but in the lack of safeguards against oversight or inadvertence on the part of the registered proprietor.

  • Southern Pacific Mortgages Ltd v Scott (Mortgage Business Plc intervening)
    • Supreme Court
    • 22 Oct 2014

    There is a gap between any transaction and its registration. Assuming that all relevant registration requirements are met, the purchaser has now acquired an absolute right to the legal estate (and the mortgagee an absolute right to the charge). Her interest is of a different order from that of a purchaser before completion, who has the contractual right to have the property conveyed to her but may never in fact get it.

  • Ministry of Housing and Local Government v Sharp
    • Court of Appeal (Civil Division)
    • 29 Ene 1970

    It was, in my view, designed to protect those working in the Registry from being plagued by vexatious actions. Accordingly, the fact that no corresponding provisions to Sections 83, 85 or 131 of the Land Registration Act appear in the Land Charges Act seems to me to be irrelevant to the question we have to decide.

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