000 02511cab a2200289 4500
001 ##L130217
008 050704n2005 000 0 eng u
035 _a(Sirsi) u130217
041 0 _aeng
245 _aSainsbury's Supermarkets Ltd v (1) Olympia Homes Limited (2) Transco Plc (3) Westpac Banking Corporation (4) National Westminster Bank Plc (5) Alan Hughes
260 _c2005
520 _a[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).
590 _aIKA040705
650 2 4 _aSAINSBURYS SUPERMARKETS LTD V OLYMPIA HOMES LTD AND OTHERS
650 2 4 _aLAND REGISTRATION RULES 1925
650 2 4 _aLONDON AND SOUTH WESTERN RAILWAY CO LTD V GOMM
650 2 4 _aLAND CHARGES ACT 1972
650 2 4 _aLONDON AND BLENHEIM ESTATES V LADBROKE RETAIL PARKS LTD
650 2 4 _aPEARCE V WATTS
650 2 4 _aLAW OF PROPERTY ACT 1925
650 2 4 _aHORRILL AND OTHERS V COOPER
650 2 4 _aJAMES HAY PENSION TRUSTEES LTD V COOPER ESTATES LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
856 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2005/1235.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c75499
_d75499