Nouri v Marvi and others (Record no. 76217)

MARC details
000 -LEADER
fixed length control field 01926cab a2200205 4500
001 - CONTROL NUMBER
control field ##L131643
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051124n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131643
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Nouri v Marvi and others
260 3# - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 #0 - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2005] 43 EG 188 (CS)
520 ## - SUMMARY, ETC.
Summary, etc. HC, 18 October 2005. Concerns whether a claim for rectification of the land register under the Land Registration Act 1925 s82 was precluded by s82(3) of the Act because the claimant had caused or substantially contributed to the error or omission by fraud or lack of care or because it would be unjust not to rectify the register against the proprietor in possession. Claimant (N) was the registered proprietor of a leasehold. First defendant (M) fraudulently transferred the ownership of the flat in 2001 so as to become the registered proprietor but N did not take any action against M. M later executed a transfer to the second defendant who purported to grant a charge to the third defendant's bank by way of mortgage. N applied for rectification of the land register under s82 of the Act and issued proceeding to get the fraudulent transfer voided. The second and third defendants counterclaimed that they were entitled to be registered as proprietors and charge respectively. "Held": claim dismissed and declarations granted. A proprietor registered on the basis of a void or voidable transaction might still transfer a valid title but the court had the discretion to order rectification where it was proper to do so having regard to the balance of equities between the parties.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAND REGISTRATION ACT 1925 S82
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KINGSALTON V THAMES WATER DEVELOPMENTS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAND REGISTRATION ACT 1925 S82(3)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NOURI V MARVI AND OTHERS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 24/11/2005   L131643 131643-1001 06/08/2019 1 06/08/2019 Law report