Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others
Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others
- 2002
- Weekly Law Reports [2002] 3 WLR 1-23 (23) .
CA 22 February 2002. Claimant (M)sought rectification of the register under the Land Registration Act 1925 s82(3) after a company of the same name dishonestly succeeded in procuring a new land certificate in its favour and then sold and transferred the land to defendant C who became registered proprietor in January 1999. C had carried out works on the land in July 1999 and was liable for trespass. HC had granted full rectificatiion to M with retrospective effect making C liable for trespass and confirming M as beneficial owner. C appealed accepting the rectification order but sought to avoid liability for trespass also claiming to be beneficial owner. "Held" Appeal dismissed. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.
LAND REGISTRATION ACT 1925 S82
LAND REGISTRATION ACT 1925 S70 (1)(G)
DECEPTION
BENEFICIAL OWNERSHIP
RECTIFICATION
OVERRIDING INTEREST
LAND CERTIFICATES
MALORY ENTERPRISES LTD V CHESHIRE HOMES (UK) LTD
CA 22 February 2002. Claimant (M)sought rectification of the register under the Land Registration Act 1925 s82(3) after a company of the same name dishonestly succeeded in procuring a new land certificate in its favour and then sold and transferred the land to defendant C who became registered proprietor in January 1999. C had carried out works on the land in July 1999 and was liable for trespass. HC had granted full rectificatiion to M with retrospective effect making C liable for trespass and confirming M as beneficial owner. C appealed accepting the rectification order but sought to avoid liability for trespass also claiming to be beneficial owner. "Held" Appeal dismissed. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.
LAND REGISTRATION ACT 1925 S82
LAND REGISTRATION ACT 1925 S70 (1)(G)
DECEPTION
BENEFICIAL OWNERSHIP
RECTIFICATION
OVERRIDING INTEREST
LAND CERTIFICATES
MALORY ENTERPRISES LTD V CHESHIRE HOMES (UK) LTD