000			01742cab a2200205 4500
001			ABS68864
008			050329n2005 000 0 eng u
035			_a(Sirsi) u129185
041			_aeng
245			_aSommer and another v Sweet and another
260			_c2005
520			_a[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.
590			_aABS
650			_aLAND REGISTRATION ACT 1925
650			_aLAND REGISTRATION RULES1925-RULE-258
650			_aSOMNER AND ANOTHER V SWEET AND ANOTHER
690			_aBoundary disputes _96221
856			_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/227.htm _zView the judgment at www.bailii.org...
942			_n0
999			_c74984 _d74984