Kornhauser, R (on the application of) v Land Registry [2012] EWHC 751 (Admin) (18 November 2011)

Kornhauser, R (on the application of) v Land Registry [2012] EWHC 751 (Admin) (18 November 2011)

An assured tenancy of part of a building does not entitle the tenant to registration of a freehold title or to registration of the tenancy as an interest under the Land Registration Act 2002. The Land Registry's refusal to register the claimant's interest was correct in law, as the tenancy is an excluded interest and already protected as an overriding interest.

Citation
[2012] EWHC 751 (Admin)
Parties
Claimant: Sebastian Kornhauser; Defendant: Land Registry
Jurisdiction
England and Wales
Judgment Date
18 November 2011
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission refused
Legal Topics
Land Registration, Assured Tenancy, Overriding Interests, Freehold Title, Proprietary Estoppel
Property Law Administrative Law Land Registration Assured Tenancy Overriding Interests Freehold Title Proprietary Estoppel

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Parties

Sebastian Kornhauser

Claimant

Land Registry

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether an assured tenant can require the Land Registry to register a tenancy or confer freehold title over the entire property
  2. 2 Whether the Land Registry's refusal to register the claimant's interest was lawful

Ratio Decidendi

An assured tenancy of part of a building does not entitle the tenant to registration of a freehold title or to registration of the tenancy as an interest under the Land Registration Act 2002. The Land Registry's refusal to register the claimant's interest was correct in law, as the tenancy is an excluded interest and already protected as an overriding interest.

Court Disposition

Permission refused

Orders

  • Permission to apply for judicial review is refused
  • Claimant granted right to a transcript of the judgment