000			01926cab a2200205 4500
001			##L131643
008			051124n2005 000 0 eng u
035			_a(Sirsi) u131643
041	0		_aeng
245	0	0	_aNouri v Marvi and others
260	3		_c2005
490		0	_aEstates Gazette _v[2005] 43 EG 188 (CS)
520			_aHC, 18 October 2005. Concerns whether a claim for rectification of the land register under the Land Registration Act 1925 s82 was precluded by s82(3) of the Act because the claimant had caused or substantially contributed to the error or omission by fraud or lack of care or because it would be unjust not to rectify the register against the proprietor in possession. Claimant (N) was the registered proprietor of a leasehold. First defendant (M) fraudulently transferred the ownership of the flat in 2001 so as to become the registered proprietor but N did not take any action against M. M later executed a transfer to the second defendant who purported to grant a charge to the third defendant's bank by way of mortgage. N applied for rectification of the land register under s82 of the Act and issued proceeding to get the fraudulent transfer voided. The second and third defendants counterclaimed that they were entitled to be registered as proprietors and charge respectively. "Held": claim dismissed and declarations granted. A proprietor registered on the basis of a void or voidable transaction might still transfer a valid title but the court had the discretion to order rectification where it was proper to do so having regard to the balance of equities between the parties.
650	2	4	_aLAND REGISTRATION ACT 1925 S82
650	2	4	_aKINGSALTON V THAMES WATER DEVELOPMENTS LTD
650	2	4	_aLAND REGISTRATION ACT 1925 S82(3)
650	2	4	_aNOURI V MARVI AND OTHERS
690			_aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
942			_n0
999			_c76217 _d76217