Rectification
Rectification
- 2002
- Estates Gazette [2002] 10 EG 155(CS) (09/03/02) .
"Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and another" CA 22 February 2002. Respondent M Ltd sought rectification of the register under the Land Registration Act 1925 s82 after a company of the same name had obtained the land certificate by deception and had sold the land to appellant C. HC had granted full rectification to M with retrospective effect making C liable for trespass and confirming M as benefical owner. C appealed accepting rectification order but sought to avoid liability for trespass also claiming to be the beneficial owner. CA allowed appeal in part. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.
RECTIFICATION
LAND REGISTRATION ACT 1925 S82
DECEPTION
BENEFICIAL OWNERSHIP
TRESPASS
MALORY ENTERPRISES LTD V CHESHIRE HOMES (UK) LTD
"Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and another" CA 22 February 2002. Respondent M Ltd sought rectification of the register under the Land Registration Act 1925 s82 after a company of the same name had obtained the land certificate by deception and had sold the land to appellant C. HC had granted full rectification to M with retrospective effect making C liable for trespass and confirming M as benefical owner. C appealed accepting rectification order but sought to avoid liability for trespass also claiming to be the beneficial owner. CA allowed appeal in part. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.
RECTIFICATION
LAND REGISTRATION ACT 1925 S82
DECEPTION
BENEFICIAL OWNERSHIP
TRESPASS
MALORY ENTERPRISES LTD V CHESHIRE HOMES (UK) LTD