000 01566cam a2200253 4500
001 ABS65766
008 020802n2002 000 0 eng u
035 _a(Sirsi) u119165
245 _aMalory Enterprises Ltd v Cheshire Homes (UK) Ltd and others
260 _c2002
490 _aWeekly Law Reports
_v[2002] 3 WLR 1-23 (23)
520 _aCA 22 February 2002. Claimant (M)sought rectification of the register under the Land Registration Act 1925 s82(3) after a company of the same name dishonestly succeeded in procuring a new land certificate in its favour and then sold and transferred the land to defendant C who became registered proprietor in January 1999. C had carried out works on the land in July 1999 and was liable for trespass. HC had granted full rectificatiion to M with retrospective effect making C liable for trespass and confirming M as beneficial owner. C appealed accepting the rectification order but sought to avoid liability for trespass also claiming to be beneficial owner. "Held" Appeal dismissed. CA upheld M's right of possession as beneficial owner but ruled that there was no jurisdiction to order retrospective rectification.
590 _aABS
650 _aLAND REGISTRATION ACT 1925 S82
650 _aLAND REGISTRATION ACT 1925 S70 (1)(G)
650 _aDECEPTION
650 _aBENEFICIAL OWNERSHIP
650 _aRECTIFICATION
650 _aOVERRIDING INTEREST
650 _aLAND CERTIFICATES
650 _aMALORY ENTERPRISES LTD V CHESHIRE HOMES (UK) LTD
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c70885
_d70885