Malory Enterprises Ltd v Cheshire Homes (UK) Ltd & Ors [2002] EWCA Civ 151 (22 February 2002)

Malory Enterprises Ltd v Cheshire Homes (UK) Ltd & Ors [2002] EWCA Civ 151 (22 February 2002)

Malory BVI retained the beneficial interest in the land and was in actual occupation, giving it an overriding interest under section 70(1)(g) of the Land Registration Act 1925. Cheshire, though registered as proprietor, did not acquire the beneficial interest and was subject to Malory BVI's rights. The court has no jurisdiction to order rectification of the register with retrospective effect. Malory BVI had a better right to possession and could sue for trespass.

Citation
[2002] EWCA Civ 151
Parties
1st Respondent: Malory Enterprises Ltd; Appellants: Cheshire Homes (UK) Ltd and Others; 2nd Respondent: Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
22 February 2002
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed in substance; rectification of the register ordered prospectively only.
Legal Topics
Rectification of Land Register, Overriding Interests, Actual Occupation, Fraudulent Dispositions, Trespass, Indemnity Under Land Registration Act
Property Law Land Registration Rectification of Land Register Overriding Interests Actual Occupation Fraudulent Dispositions Trespass Indemnity Under Land Registration Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Malory Enterprises Ltd

1st Respondent

Cheshire Homes (UK) Ltd and Others

Appellants

Chief Land Registrar

2nd Respondent

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Malory BVI had an overriding interest by virtue of actual occupation under section 70(1)(g) of the Land Registration Act 1925
  2. 2 Whether the court had jurisdiction to order rectification of the register with retrospective effect
  3. 3 Whether Cheshire was liable for trespass during the period between its registration and rectification

Ratio Decidendi

Malory BVI retained the beneficial interest in the land and was in actual occupation, giving it an overriding interest under section 70(1)(g) of the Land Registration Act 1925. Cheshire, though registered as proprietor, did not acquire the beneficial interest and was subject to Malory BVI's rights. The court has no jurisdiction to order rectification of the register with retrospective effect. Malory BVI had a better right to possession and could sue for trespass.

Court Disposition

Appeal dismissed in substance; rectification of the register ordered prospectively only.

Orders

  • Register to be rectified to show Malory Enterprises Ltd as proprietor from the date of the order, not retrospectively.
  • Cheshire Homes (UK) Ltd restrained from entering or carrying out works on the land.