Baker & Anor v Craggs (Rev 1)

Baker & Anor v Craggs (Rev 1)

The doctrine of overreaching in section 2(1) of the Law of Property Act 1925 does not apply to the grant of an easement, as it is not a conveyance of a legal estate in land within the meaning of section 1(1). Therefore, Mr Craggs' equitable interest in the servient tenement was not overreached by the grant of the easement to the Bakers, and the issue is governed by the priority rules under the Land Registration Act 2002.

Parties
Respondent/claimant: Paul Baker; Respondent/claimant: Jodi Baker; Appellant/defendant: Martin Craggs
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Overreaching, Easements, Registered Land, Actual Occupation, Equitable Interests, Land Registration, Priorities, Trusts of Land
Property Law Land Law Trusts Overreaching Easements Registered Land Actual Occupation Equitable Interests +3 more

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Parties

Paul Baker

Respondent/claimant

Jodi Baker

Respondent/claimant

Martin Craggs

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Does the doctrine of overreaching under section 2(1) of the Law of Property Act 1925 apply to the grant of an easement over land where the equitable interest at issue is in the servient tenement, not the easement or dominant tenement?
  2. 2 Was Mr Craggs' equitable interest in the land overreached by the grant of an easement to the Bakers during the registration gap?

Ratio Decidendi

The doctrine of overreaching in section 2(1) of the Law of Property Act 1925 does not apply to the grant of an easement, as it is not a conveyance of a legal estate in land within the meaning of section 1(1). Therefore, Mr Craggs' equitable interest in the servient tenement was not overreached by the grant of the easement to the Bakers, and the issue is governed by the priority rules under the Land Registration Act 2002.

Court Disposition

Appeal allowed

Orders

  • Declaration made in opposite terms to the High Court's order
  • Alterations to the relevant land titles directed under Schedule 4 to the Land Registration Act 2002