Gold Harp Properties Ltd v Macleod & Ors [2014] EWCA Civ 1084 (29 July 2014)

Gold Harp Properties Ltd v Macleod & Ors [2014] EWCA Civ 1084 (29 July 2014)

The Court held that the judge was correct to order rectification of the Register to reinstate the claimants' leasehold titles and to restore their priority over the new lease, as the closure and removal of the claimants' leases were mistakes within the meaning of the Act. The alteration of priority operates...

Source-derived case information.

Citation
[2014] EWCA Civ 1084
Parties
Appellant: Gold Harp Properties Ltd; Respondents: MacLeod & Others
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Rectification of Land Register, Priority of Interests, Mistake in Registration, Relief From Forfeiture
Property Law Land Registration Rectification of Land Register Priority of Interests Mistake in Registration Relief From Forfeiture

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Parties

Gold Harp Properties Ltd

Appellant

MacLeod & Others

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether rectification of the Land Register can alter priority between leasehold interests prospectively or retrospectively under Land Registration Act 2002
  2. 2 Whether exceptional circumstances exist to justify refusal of rectification
  3. 3 Whether the registration of the new lease was a mistake requiring correction

Ratio Decidendi

The Court held that the judge was correct to order rectification of the Register to reinstate the claimants' leasehold titles and to restore their priority over the new lease, as the closure and removal of the claimants' leases were mistakes within the meaning of the Act. The alteration of priority operates prospectively, not retrospectively, but the effect is to restore the claimants' leases to priority. No exceptional circumstances existed to justify refusal of rectification.

Court Disposition

Appeal dismissed

Orders

  • HM Land Registry Title numbers BGL36979 and BGL36978 to be reinstated and re-opened as if neither had ever been closed.
  • HM Land Registry Title number BGL70889 to be altered or rectified so that BGL36979 and BGL36978 be entered in the Schedule of notices of leases both to rank in priority to Registered Title number BGL72632.