Michael Moore v (1) Anthony Lightfoot (2) Helen Lightfoot (Alteration and rectification of the register : Alteration affecting the title of land in the possession of a registered proprietor) [2018] UKFTT 319 (PC) (06 April 2018)

Michael Moore v (1) Anthony Lightfoot (2) Helen Lightfoot (Alteration and rectification of the register : Alteration affecting the title of land in the possession of a registered proprietor) [2018] UKFTT 319 (PC) (06 April 2018)

There was a mistake on the register, but the Respondent was entitled to protection as a registered proprietor in possession; therefore, the register was not rectified.

Citation
[2018] UKFTT 319 (PC)
Parties
Applicant: Michael Moore; Respondent: Anthony Lightfoot; Respondent: Helen Lightfoot
Jurisdiction
England and Wales
Judgment Date
06 April 2018
Procedural Posture
First Tier Tribunal (property Chamber) / Judgment
Outcome
Application refused
Legal Topics
Alteration and Rectification of the Register, Restrictive Covenants, Title of Land, Registered Proprietor
Property Law Alteration and Rectification of the Register Restrictive Covenants Title of Land Registered Proprietor

Case Brief

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Parties

Michael Moore

Applicant

Anthony Lightfoot

Respondent

Helen Lightfoot

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Judgment

Legal Issues

  1. 1 Whether the register should be rectified to include the burden of a restrictive covenant
  2. 2 Whether the Respondent is entitled to protection as a registered proprietor in possession

Ratio Decidendi

There was a mistake on the register, but the Respondent was entitled to protection as a registered proprietor in possession; therefore, the register was not rectified.

Court Disposition

Application refused