A is a developer who needs to acquire land adjacent to his present property,
Blackacre. B buys neighbouring land, Greenacre, title to which is yet unregistered,
from X. Then B agrees in writing with A that B will allow A to use Greenacre as
access to A’s land.
A goes to register his interest but discovers that B has not registered his title to
Greenacre. He then enters a caution against First Registration, but then fails to enter
his interest on the Land Charges Register.
B then falls into financial trouble and grants a charge on his property in favour of Y
to secure a loan of £3 million. Y knows about A’s interest. B defaults on the loan, so
Y then exercises his power of sale, and conveys title to Greenacre to C. C also knows
about A’s interest. C registers her title and the Registrar gives notice to A.
C now claims that she is not bound to allow A to use Greenacre.
Advise A whether he can have the register rectified to reflect its interest.
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Land law problem - thoughts appreciated watch
- Thread Starter
- 28-11-2011 13:34