[2005] EWCA Civ 227, 15 February 2005. Considers: (1) whether the owner of a dominant tenement (S) may enjoy the right of way as an overriding interest under the Land Registration Rules1925-rule-258 although the right of way had not been expressly granted by the owner of the servient tenement (N); and (2) whether the restriction on registering the title to a property in the Land Registration Act 1925 s82(3) applied to rectification for the purpose of giving effect to an overriding purpose. Appeal by N against a decision SW had a vehicular right of way over part of their land. The main issues in the earlier case were S's entitlement or not to vehicular access as a way of necessity or as a right arising by way of proprietary estoppel and the judge's making orders to rectify the title. "Held": appeal dismissed. S were entitled to enjoy the right of way as an overriding interest binding on N under rule-258 even if the right of way had not been expressly granted by N. Restrictions in s82(3) of the Act did not apply to rectification for the purposes of giving effect of an overriding interest or an order of the court.