Mark Law and Annabel Law v Elizabeth Haider
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Morgan |
| Neutral Citation | [2017] UKUT 0212 (TCC) |
| Court | Upper Tribunal (Tax and Chancery Chamber) |
| Subject Matter | Land Registration,24 May 2017 |
| Date | 24 May 2017 |
| Published date | 25 May 2017 |
1
[2017] UKUT 0212 (TCC)
Right of pre-emption – application by grantee of right for the entry of a restriction –
objection by registered proprietor – First-tier Tribunal upheld objection – appeal allowed –
appropriate to enter restriction – many other points as to the operation and effect of the
right of pre-emption considered
UPPER TRIBUNAL
TAX AND CHANCERY CHAMBER Appeal No: UT/2016/0112
BETWEEN:
(1) MARK LAW
(2) ANNABEL LAW Appellants
and
ELIZABETH HAIDER Respondent
Tribunal: Hon Mr Justice Morgan
Sitting in public in London on 27 April 2017
Mr Andrew Gore, counsel, instructed directly, for the Appellants
Mr Patrick Rolfe, counsel, instructed by Kenneth Bush Solicitors LLP, for the
Respondent
CROWN COPYRIGHT © 2017
2
DECISION
Introduction
1. This is an appeal from the decision of the First-tier Tribunal (“the FtT”)
(Judge John Hewitt) released on 20 April 2016. Permission to appeal to the
Upper Tribunal was granted on 29 July 2016 by Elizabeth Cooke as a Deputy
Judge of the Upper Tribunal. That permission was restricted to certain
identified points of law so that the appeal is pursuant to section 11 of the
Tribunals, Courts and Enforcement Act 2007.
2. The matter which was formally before the FtT was an objection by Mrs Haider
(the Respondent to this appeal) to the application of Mr and Mrs Law (the
Appellants on this appeal) to enter a restriction under the Land Registration
Act 2002 in relation to Title No. NK171471. The FtT decided that the Chief
Land Registrar should cancel the application to enter a restriction in relation to
that title and Mr and Mrs Law now appeal against that decision. As will be
seen, the matters which were investigated by the FtT, and which also fall to be
considered on this appeal, relate not only to the land in Title No. NK171471
but also to the land in Title No. NK211811 and relate not only to a possible
restriction on Title No. NK171471 but also relate to unilateral notices on both
titles and a restriction in relation to Title No. NK211811.
The background facts
3. Mr and Mrs Law are the owners of two parcels of land. The first of these is
Narborough House, Main Road, Narborough, King’s Lynn, Norfolk which is
registered under Title No. NK274475. Mr and Mrs Law acquired this property
in around 2001 and they live there. Mr and Mrs Law are also the registered
proprietors under Title No. NK376690 of a large adjoining area of land known
as the Park. They acquired that property from Mr and Mrs Haider in June
2008.
4. Mr and Mrs Haider are the owners of four registered titles concerning land in
the vicinity of Narborough House and the Park. The first of these is
Narborough Stables registered under Title No. NK209611. Mr and Mrs Haider
lived at the Stables until they recently moved to New Zealand. Mr and Mrs
Haider also own two parcels of land which are directly the subject of the
present dispute. These parcels of land are registered under Title Nos.
NK171471 and NK211811. The first of these is known as the Woodland, or
Whin Close, comprising some 20 acres or so of ancient woodland, said to be
largely unmanaged. The second of these parcels of land is known as Sovereign
Meadows and I was told that this land comprises about 10 acres and is, as to
part, a meadow and, as to other parts, woodland. Finally, Mr and Mrs Haider
are the registered proprietors, under Title No. NK376336, of a wall which
separates Narborough House from Narborough Stables. They acquired the
wall from Mr and Mrs Laws in June 2008.
To continue reading
Request your trial