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Clayhope Properties Ltd v Evans and Another

Language: English Series: Weekly Law Reports ; (1986) 1 WLR 1223(9)Publication details: 1986Subject(s): Summary: CA 7 May 1986. Appeal by C against decision dismissing an application to remove from the register a caution lodged by E on behalf of himself and other tenants of a block of flats owned by C. The caution was an order appointing a receiver to manage the flats and to have the property put into repair. C sought removal of the caution. C argued, 1) that the intention of a caution was to protect interests which bound a purchaser. The receiver had no interest in the land itself, nor had E. The receivership order, therefore, created no interest which could bind a purchaser and could not sensibly be registered;2) that E had no standing to lodge a caution since he was not a person "interested... in land" within the meaning of the Land Registration Act 1925 s 54 under the receivership order to which the caution related. CA held, E, as a tenant, was "interested" in the property and the receivership order, gave him the necessary status as a " person interested" under s54 and was therefore entitle
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS37091 (Browse shelf(Opens below)) 1 Available 2253-1001

CA 7 May 1986. Appeal by C against decision dismissing an application to remove from the register a caution lodged by E on behalf of himself and other tenants of a block of flats owned by C. The caution was an order appointing a receiver to manage the flats and to have the property put into repair. C sought removal of the caution. C argued, 1) that the intention of a caution was to protect interests which bound a purchaser. The receiver had no interest in the land itself, nor had E. The receivership order, therefore, created no interest which could bind a purchaser and could not sensibly be registered;2) that E had no standing to lodge a caution since he was not a person "interested... in land" within the meaning of the Land Registration Act 1925 s 54 under the receivership order to which the caution related. CA held, E, as a tenant, was "interested" in the property and the receivership order, gave him the necessary status as a " person interested" under s54 and was therefore entitle