Ferrishurst Ltd v Wallcite Ltd
Actual occupation of part of the land protects a person's rights over the whole of the land comprised in the registered disposition.
Facts
Ferrishurst held an option to buy the whole of a property, which included offices it occupied under a sublease, and a garage that it did not occupy. The option was not protected by an entry on the register. The freehold was later sold to Wallcite, which argued that the option was binding only in respect of the offices Ferrishurst occupied, and not the garage.
Legal principle
The Court of Appeal held that the option was binding as to the whole property. Robert Walker LJ said that, under section 70(1)(g) of the Land Registration Act 1925, a person in actual occupation of part of the land comprised in a registered disposition is protected in respect of his rights over the whole of that land. This was reversed by the Land Registration Act 2002, Schedule 3, paragraph 2, which protects the interest only so far as it relates to land of which the person is in actual occupation.
Related cases on registered and unregistered land
- Abbey National Building Society v Cann [1991] 1 AC 56
- Baxter v Mannion [2011] EWCA Civ 120, [2011] 1 WLR 1594
- Chhokar v Chhokar [1984] FLR 313
- City of London Building Society v Flegg [1988] AC 54
- Hodgson v Marks [1971] Ch 892
- Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783
- Link Lending Ltd v Bustard [2010] EWCA Civ 424
- Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] EWCA Civ 151, [2002] Ch 216
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