Kornhauser, R (on the application of) v Land Registry

Kornhauser, R (on the application of) v Land Registry

An assured tenant occupying one flat in a building cannot, by virtue of that tenancy and occupation, require the Land Registry to register him as freehold owner of the whole property or register his tenancy as an interest, as such tenancies are excluded from registration and confer no such right under English law.

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
Registration of Interests in Land, Assured Tenancy, Freehold Title, Overriding Interests, Proprietary Estoppel
Land Law Administrative Law Registration of Interests in Land Assured Tenancy Freehold Title Overriding Interests 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 his interest or himself as freehold owner of the property
  2. 2 Whether the Land Registry's refusal to register the claimant's interest was lawful
  3. 3 Whether the claimant's tenancy confers any right to freehold title

Ratio Decidendi

An assured tenant occupying one flat in a building cannot, by virtue of that tenancy and occupation, require the Land Registry to register him as freehold owner of the whole property or register his tenancy as an interest, as such tenancies are excluded from registration and confer no such right under English law.

Court Disposition

Permission refused

Orders

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