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Sainsbury's Supermarkets Ltd v (1) Olympia Homes Limited (2) Transco Plc (3) Westpac Banking Corporation (4) National Westminster Bank Plc (5) Alan Hughes

Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 1235 (Ch), 17 June 2005. Claimant (S) sought rectification of the land register to delete the title of the first defendant (O) to a plot of land or to ensure that the land was subject to an option in favour of S. Second defendant (T) had sold the unregistered land to fifth defendant (H), who entered into a deed of novation with S to make available part of the land to construct a roundabout. H's application for compulsory registration of the land was cancelled and third defendant (W) obtained a charging order over H's interest in the land and sold the land to O. S failed to justify its claim (as the Land Registry required) that its option under the deed of novation bound O. O was registered as proprietor to the freehold title to the land free from S's interest under the option. "Held": the option provision in the deed of novation gave rise to an equitable interest. The Land Registry had mistakenly registered O as the owner of the legal estate. O had at all material times believed that S was entitled to some of the land and under Sched 4 para 3.2(b) it was unjust not to rectify the register so as to register the option. Order made rectifying the register to record the claimant's rights under the deed of novation so far as they give rise to an enforceable estate contract. (See also L130446).
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 130217-2001

[2005] EWHC 1235 (Ch), 17 June 2005. Claimant (S) sought rectification of the land register to delete the title of the first defendant (O) to a plot of land or to ensure that the land was subject to an option in favour of S. Second defendant (T) had sold the unregistered land to fifth defendant (H), who entered into a deed of novation with S to make available part of the land to construct a roundabout. H's application for compulsory registration of the land was cancelled and third defendant (W) obtained a charging order over H's interest in the land and sold the land to O. S failed to justify its claim (as the Land Registry required) that its option under the deed of novation bound O. O was registered as proprietor to the freehold title to the land free from S's interest under the option. "Held": the option provision in the deed of novation gave rise to an equitable interest. The Land Registry had mistakenly registered O as the owner of the legal estate. O had at all material times believed that S was entitled to some of the land and under Sched 4 para 3.2(b) it was unjust not to rectify the register so as to register the option. Order made rectifying the register to record the claimant's rights under the deed of novation so far as they give rise to an enforceable estate contract. (See also L130446).