Clark and another v Chief Land Registrar and another; Chancery plc v Ketteringham
Clark and another v Chief Land Registrar and another; Chancery plc v Ketteringham
- 1994
- All England Law Reports (1994) 4 AllER 96-108(7) .
CA 5 May 1994. In both cases a caution was registered with the Land Registry to protect an interest in property. Charges were subsequently entered on the register. When dispute arose it was contended that the caution should take precedence over the subsequently registered charge, the first plaintiff relying on the Land Registration Act 1925 s55 and rule 218 of the associated Rules. The court disagreed, declaring there was no entitlement to assert priority, and the defendants` appeals were dismissed.
CHANCERY PLC V KETTERINGHAM
CHARGING ORDERS ACT 1979 S2
CLARK AND ANOTHER V CHIEF LAND REGISTRAR AND ANOTHER
DEBT
LAND REGISTRATION ACT 1925 S55
LAND REGISTRATION RUELS 1925 R218
HM LAND REGISTRY
LOANS
REGISTRATION
SECURITY
CA 5 May 1994. In both cases a caution was registered with the Land Registry to protect an interest in property. Charges were subsequently entered on the register. When dispute arose it was contended that the caution should take precedence over the subsequently registered charge, the first plaintiff relying on the Land Registration Act 1925 s55 and rule 218 of the associated Rules. The court disagreed, declaring there was no entitlement to assert priority, and the defendants` appeals were dismissed.
CHANCERY PLC V KETTERINGHAM
CHARGING ORDERS ACT 1979 S2
CLARK AND ANOTHER V CHIEF LAND REGISTRAR AND ANOTHER
DEBT
LAND REGISTRATION ACT 1925 S55
LAND REGISTRATION RUELS 1925 R218
HM LAND REGISTRY
LOANS
REGISTRATION
SECURITY