Rectification
Series: Estates Gazette ; [2002] 10 EG 155(CS) (09/03/02)Publication details: 2002Subject(s): Summary: "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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London News article | WB3810-23 (Browse shelf(Opens below)) | 1 | Available | 117114-1001 |
"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.