In what circumstances will a restriction be entered against the Land Registry?
On 18 February 2010, Jonathan Tyler of our commercial and property litigation departments, successfully defended an appeal to the High Court to a claim against the decision of the Adjudicator to the Land Registry.
At the Tribunal, the Land Registry Adjudicator directed that an application to register a restriction against the title to our client’s property should be cancelled. The Appellant contended that she was the beneficiary of the property under a resulting trust which our client denied. The Adjudicator heard evidence from both sides and concluded that the Appellant’s case was fiction.
On appeal, the Judge considered in depth the relevant provisions of the Land Registration Act 2002 which provide that a restriction should be entered against the title to a property when it appeared necessary or desirable to do so for the purpose of protecting a relevant right or claim. He concluded not only that the Adjudicator had the jurisdiction to make the decision that he did but also that the decision was correct..
The judgment is at KUSUM JAYASINGHE v DON LIYANAGE (2010) [2010] EWHC 265 (Ch).
References: LTL 24/2/2010 : (2010) 16 EG 108 : (2010) 8 EG 105 (CS) : (2010) NPC 20 : Times, April 09, 2010