England and Wales Case Law

Priory (High Ackworth) Management Company Ltd v Beach & Anor (RESTRICTION - REQUIREMENT FOR CERTIFICATE OF APPLICANT - APPLICANT NOT PROVIDING CERTIFICATE)

Priory (High Ackworth) Management Company Ltd v Beach & Anor (RESTRICTION - REQUIREMENT FOR CERTIFICATE OF APPLICANT - APPLICANT NOT PROVIDING CERTIFICATE) [2025] UKFTT 1299 (PC) (15 October 2025)

The Tribunal disapplied a land registry restriction after finding no evidence that sums were owed under the covenant at the relevant time.

• Land registry restrictions
• Covenants
• Registration of title
• Disapplication of restriction
• Land-registration
• Restrictions

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Cenac and others v Schafer

The Privy Council held that an unlicensed alien could still acquire and protect an equitable interest in Saint Lucia land, and that the earlier interest had priority.

• Alien landholding restrictions
• Constructive trusts
• Registration of title
• Specific performance
• Priority of equitable interests
• Alien-landholding

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Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1)

The Court of Appeal held that criminal squatting under LASPOA section 144 does not bar an adverse possession claim under the Land Registration Act 2002.

• Adverse possession
• Illegality defence
• Statutory interpretation
• Registration of title
• Criminal trespass
• Adverse-possession

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Waterside Finance Ltd & Ors v Karim

Renewed permission-to-appeal application adjourned because the Court of Appeal lacked the full first-instance material needed to assess arguable grounds.

• Sale of property
• Registration of title
• Appeal procedure
• Appeal-procedure
• Property-law
• Registration-of-title

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Hussain v Salam

Appeal allowed in a land-registration dispute. The High Court remitted the case for rehearing and held the adjudicator had not resolved key issues on sham and beneficial ownership.

• Beneficial ownership
• Sham agreements
• Transfer of property
• Registration of title
• Land-registration
• Beneficial-ownership

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Balevents Ltd v Sartori

Balevents Ltd v Sartori [2011] EWHC 2437 (Ch) (29 September 2011)

The High Court held that Mr Sartori was entitled to registered title to the land in front of the Rocket Club in Birmingham, and Balevents’ claim failed.

• Adverse possession
• Fiduciary duty
• Registration of title
• Breach of duty
• Licensing arrangements
• Adverse-possession

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Rother District Investments Ltd. v Corke & Ors

Rother District Investments Ltd. v Corke & Ors [2004] EWHC 14 (Ch) (20 January 2004)

On appeal, the High Court held that a purchaser’s pre-registration peaceable re-entry and forfeiture was treated as effective against the defendants, but not so as to advance section 141 LPA 1925.

• Forfeiture of lease
• Peaceable re-entry
• Registration of title
• Estoppel
• Law of property act 1925 s.141
• Lease-forfeiture

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Rother District Investments Ltd. v Corke & Ors

A purchaser of a reversion forfeited a sublease before registration. The High Court held the forfeiture was retrospectively validated, but not for claiming pre-registration arrears under section 141.

• Forfeiture of lease
• Peaceable re-entry
• Registration of title
• Estoppel
• Feeding estoppel
• Advantage of own wrong

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