Balevents Ltd & Anor v Sartori

Balevents Ltd & Anor v Sartori

Mr Sartori was not entitled to be registered as proprietor of the disputed land because he did not have the requisite period of adverse possession, and his application was based on false statements and lack of proper care. Balevents was not entitled to be registered in his place, as it had no better claim and had...

Source-derived case information.

Parties
First Claimant: Balevents Limited; Second Claimant: The Rocket Club Restaurant Limited; Defendant: Allan James Sartori
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Civil Land/property Dispute / Judgment After Retrial
Outcome
Claim for registration in place of Mr Sartori dismissed; order for rectification of the register granted to remove Mr Sartori as proprietor.
Legal Topics
Adverse Possession, Rectification of Land Register, Constructive Trusts, Fiduciary Duties
Land Law Equity and Trusts Civil Procedure Adverse Possession Rectification of Land Register Constructive Trusts Fiduciary Duties

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Parties

Balevents Limited

First Claimant

The Rocket Club Restaurant Limited

Second Claimant

Allan James Sartori

Defendant

Procedural Posture

Civil Land/property Dispute / Judgment After Retrial

Legal Issues

  1. 1 Whether Mr Sartori was entitled to be registered as proprietor of the disputed land under possessory title
  2. 2 Whether Mr Sartori holds the registered title on constructive trust for Balevents or Rocket Club Restaurant Ltd
  3. 3 Whether the register should be rectified to remove Mr Sartori as proprietor

Ratio Decidendi

Mr Sartori was not entitled to be registered as proprietor of the disputed land because he did not have the requisite period of adverse possession, and his application was based on false statements and lack of proper care. Balevents was not entitled to be registered in his place, as it had no better claim and had consented to Mr Sartori's application. However, the register should be rectified to remove Mr Sartori as proprietor, as his registration was a mistake caused by his fraud and/or lack of proper care, and no exceptional circumstances justified refusing rectification.

Court Disposition

Claim for registration in place of Mr Sartori dismissed; order for rectification of the register granted to remove Mr Sartori as proprietor.

Orders

  • Balevents' claim to be registered as proprietor in place of Mr Sartori is dismissed.
  • The register is to be rectified under Schedule 4 to the Land Registration Act 2002 to remove Mr Sartori as registered proprietor of the disputed land.