Jasit Singh Dhami v Western Property (London Road) Limited & Anor

Jasit Singh Dhami v Western Property (London Road) Limited & Anor

The lease dated 13th July 2021 is a genuine document and should be registered, but the easements granted therein do not bind the First Respondent as transferee of the servient land because the Applicant was not in actual occupation at the relevant time, and the easements are equitable, not legal, thus do not override under Schedule 3 Land Registration Act 2002.

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 Application / Final Determination by First Tier Tribunal
Outcome
Lease registration granted; easements not binding on First Respondent
Legal Topics
Lease Registration, Easements, Overriding Interests, Actual Occupation, Priority of Interests
Property Law Land Registration Lease Registration Easements Overriding Interests Actual Occupation Priority of Interests

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Parties

Jasit Singh Dhami

Applicant

Western Property (London Road) Limited

First Respondent

Terra Properties Ltd

Second Respondent

Procedural Posture

Land Registration Application / Final Determination by First Tier Tribunal

Legal Issues

  1. 1 Whether the 13th July 2021 lease was genuinely executed and should be registered
  2. 2 Whether leasehold easements granted in the lease bind the transferee of the servient land (First Respondent) under Land Registration Act 2002

Ratio Decidendi

The lease dated 13th July 2021 is a genuine document and should be registered, but the easements granted therein do not bind the First Respondent as transferee of the servient land because the Applicant was not in actual occupation at the relevant time, and the easements are equitable, not legal, thus do not override under Schedule 3 Land Registration Act 2002.

Court Disposition

Lease registration granted; easements not binding on First Respondent

Orders

  • Chief Land Registrar directed to register the lease dated 13th July 2021.
  • Entry to be made on the resulting title: 'By decision of the First-tier Tribunal (Property Chamber) dated 22nd September 2025 in case number REF 2024 0485, it was determined that the rights granted in Schedule 2 paragraph 1 of the lease are not binding on the adjoining title NGL 352309, and so have not been noted on...