Case news: Sommer and another v Sweet and another
Gordon, Warren
Case news: Sommer and another v Sweet and another - 2005 - Property Week 70(15) 15 April 2005, 66(1) .
Discusses the case "Sommer and another v Sweet and another" ([2005] EWCA Civ 227, Abs68864) where neighbours were in dispute over a right of way giving access to the Sweets' property over that of Sommer's. An agreement between previous owners had not been registered at the Land Registry and so the court needed to decide whether the document was binding on the new owners. The court held that the agreement was binding under the principle of estoppel and that a right openly enjoyed could be enforced even if it had not been legally registered.
LAND REGISTRATION ACT 1925
LAND REGISTRATION RULES1925-RULE-258
SOMNER AND ANOTHER V SWEET AND ANOTHER
Case news: Sommer and another v Sweet and another - 2005 - Property Week 70(15) 15 April 2005, 66(1) .
Discusses the case "Sommer and another v Sweet and another" ([2005] EWCA Civ 227, Abs68864) where neighbours were in dispute over a right of way giving access to the Sweets' property over that of Sommer's. An agreement between previous owners had not been registered at the Land Registry and so the court needed to decide whether the document was binding on the new owners. The court held that the agreement was binding under the principle of estoppel and that a right openly enjoyed could be enforced even if it had not been legally registered.
LAND REGISTRATION ACT 1925
LAND REGISTRATION RULES1925-RULE-258
SOMNER AND ANOTHER V SWEET AND ANOTHER