K&K Property Investments Limited v Southwark London Borough Council

K&K Property Investments Limited v Southwark London Borough Council

Absence of notice of underlease on register of concurrent lease did not affect priority or compensatable interest; registered estate does not require notice for protection against superior lease; acquiring authority's argument fails.

Parties
Claimant: K & K Property Investments Limited; Acquiring Authority: Southwark London Borough Council
Jurisdiction
England and Wales
Judgment Date
04 March 2026
Procedural Posture
Reference Under Section 5 of the Land Compensation Act 1961 / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of claimant; acquiring authority's argument rejected.
Legal Topics
Priority of Registered Estates, Effect of Notice on Register, Compensation for Compulsory Acquisition
Land Registration Compulsory Acquisition Property Law Priority of Registered Estates Effect of Notice on Register Compensation for Compulsory Acquisition

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Parties

K & K Property Investments Limited

Claimant

Southwark London Borough Council

Acquiring Authority

Procedural Posture

Reference Under Section 5 of the Land Compensation Act 1961 / Preliminary Issue Determination

Legal Issues

  1. 1 Whether absence of notice of underlease on register of concurrent lease affects priority and compensatable interest
  2. 2 Interpretation of 'the register' under Land Registration Act 1925
  3. 3 Whether registered estate requires notice for protection against superior lease

Ratio Decidendi

Absence of notice of underlease on register of concurrent lease did not affect priority or compensatable interest; registered estate does not require notice for protection against superior lease; acquiring authority's argument fails.

Court Disposition

Preliminary issue determined in favour of claimant; acquiring authority's argument rejected.

Orders

  • Parties directed within 14 days to file agreed directions for determination of reference.