Dhami v Western Property (London Road) Ltd & Anor (First registration of lease - whether lease genuine - grant of leasehold easements- whether easements binding on transferee of servient land from receivers) [2025] UKFTT 1158 (PC) (22 September 2025)

Dhami v Western Property (London Road) Ltd & Anor (First registration of lease - whether lease genuine - grant of leasehold easements- whether easements binding on transferee of servient land from receivers) [2025] UKFTT 1158 (PC) (22 September 2025)

The 13 July 2021 lease was genuinely executed and is registrable, but the leasehold easements (including the right to park) granted therein do not bind the First Respondent as transferee of the servient land because: (1) the lease was not registered within the statutory period and so only created equitable...

Source-derived case information.

Citation
[2025] UKFTT 1158 (PC)
Parties
Applicant: Jasit Singh Dhami; First Respondent: Western Property (London Road) Limited; Second Respondent: Terra Properties Ltd
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Land Registration Dispute / First Tier Tribunal (property Chamber) Decision
Outcome
Application to register lease allowed; easements not binding on First Respondent.
Legal Topics
First Registration of Lease, Genuineness of Lease, Leasehold Easements, Binding Effect of Easements on Transferee, Equitable Easements, Actual Occupation, Schedule 3 Land Registration Act 2002
Property Law Land Registration First Registration of Lease Genuineness of Lease Leasehold Easements Binding Effect of Easements on Transferee Equitable Easements Actual Occupation +1 more

Source-derived case record

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 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jasit Singh Dhami

Applicant

Western Property (London Road) Limited

First Respondent

Terra Properties Ltd

Second Respondent

Procedural Posture

Land Registration Dispute / First Tier Tribunal (property Chamber) Decision

Legal Issues

  1. 1 Whether the 13 July 2021 lease was genuinely executed on that date
  2. 2 Whether leasehold easements granted in the lease bind the transferee of the servient land (First Respondent) after transfer by receivers

Ratio Decidendi

The 13 July 2021 lease was genuinely executed and is registrable, but the leasehold easements (including the right to park) granted therein do not bind the First Respondent as transferee of the servient land because: (1) the lease was not registered within the statutory period and so only created equitable easements; (2) the Applicant was not in actual occupation of the servient land at the relevant time; (3) any occupation was by the tenant AJM, not the Applicant personally; (4) the First Respondent had no actual knowledge of the Applicant's claimed rights and such occupation would not have been obvious on inspection; (5) the chargee's consent was not obtained, so the chargee and its...

Court Disposition

Application to register lease allowed; easements not binding on First Respondent.

Orders

  • Chief Land Registrar to register the 13 July 2021 lease in favour of the Applicant.
  • No entry to be made on the First Respondent's title (NGL 352309) regarding the easements in the lease.