Isaaks v Charlton Triangle Homes Ltd

Isaaks v Charlton Triangle Homes Ltd

The lease and land register contained a mistake regarding the location of Flat 7; strong evidence established the parties’ common intention for the flat to be on the second floor. Rectification of the lease and alteration of the land register are warranted to correct this mistake, with no defences or exceptional circumstances present.

Parties
Claimant: James Julius Isaaks (by the Bank of Scotland PLC acting as attorney); Defendant: Charlton Triangle Homes Limited
Jurisdiction
England and Wales
Judgment Date
14 September 2015
Procedural Posture
Civil / Judgment
Outcome
Claim allowed
Legal Topics
Rectification of Lease, Land Registration, Mistake in Register
Property Law Equity Rectification of Lease Land Registration Mistake in Register

Case Brief

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Parties

James Julius Isaaks (by the Bank of Scotland PLC acting as attorney)

Claimant

Charlton Triangle Homes Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the lease should be rectified to reflect the correct floor of Flat 7 Games House
  2. 2 Whether the land register should be altered to correct the mistake

Ratio Decidendi

The lease and land register contained a mistake regarding the location of Flat 7; strong evidence established the parties’ common intention for the flat to be on the second floor. Rectification of the lease and alteration of the land register are warranted to correct this mistake, with no defences or exceptional circumstances present.

Court Disposition

Claim allowed

Orders

  • Rectification of the lease so all references to 'third floor flat' are amended to 'second floor flat'.
  • Direction to the Chief Land Registrar to amend the land register accordingly, noting the deed of rectification and correcting the Schedule of Notice of Leases.