Pick v Chief Land Registrar

Pick v Chief Land Registrar

Section 86(5) of the Land Registration Act 2002 focuses on the date of disposition, not the date of registration. The trustee's title is avoided if no restriction is entered at the time of disposition, and the relevant registration requirements can be satisfied at any time. The entry of a bankruptcy restriction after the disposition does not prevent the disponee from being registered as proprietor if the statutory requirements are met.

Parties
Claimant: Robert Harry Pick; Defendant: Chief Land Registrar
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the Chief Land Registrar
Legal Topics
Statutory Construction, Land Registration, Trustee in Bankruptcy, Indemnity Under Schedule 8 Land Registration Act 2002
Land Law Bankruptcy Law Statutory Construction Land Registration Trustee in Bankruptcy Indemnity Under Schedule 8 Land Registration Act 2002

Case Brief

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Parties

Robert Harry Pick

Claimant

Chief Land Registrar

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the cancellation of the restriction in favour of the claimant and the registration of Ms Awokiyesi as proprietor was a mistake for the purpose of Schedule 8 to the Land Registration Act 2002
  2. 2 Whether section 86(5) of the Land Registration Act 2002 applies to avoid the trustee's title where a bankruptcy restriction is entered before registration of the disponee

Ratio Decidendi

Section 86(5) of the Land Registration Act 2002 focuses on the date of disposition, not the date of registration. The trustee's title is avoided if no restriction is entered at the time of disposition, and the relevant registration requirements can be satisfied at any time. The entry of a bankruptcy restriction after the disposition does not prevent the disponee from being registered as proprietor if the statutory requirements are met.

Court Disposition

Preliminary issue determined in favour of the Chief Land Registrar

Orders

  • The preliminary issue is determined in favour of the defendant.