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.

Citation
[1999] Ch 355
Court
Court of Appeal (Civil Division)
Year
1999
Subject
Land Law
Topic
Registered and unregistered land

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.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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