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03 July 2015 / Thomas Braithwaite
Issue: 7659 / Categories: Features , Property
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The personal touch

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Thomas Braithwaite follows the use of personal claims in support of proprietary rights

The consequence of failing to protect property rights at the Land Registry is, of course, well known. In the language of s 29(1) of the Land Registration Act 2002 (LRA 2002): “Completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration.”

The practical consequence of this provision is that following a transfer of land registrable but unregistered property rights cannot be asserted against the new landowner; and, in the absence of title to the land over which they were granted, the rights may be worthless or unenforceable against the former landowner who originally granted them.

Mistakes happen

So far, so obvious. But mistakes happen. Rights that could and should have been registered are sometimes overlooked. And where there are mistakes, there are often those who would seek take advantage of them. A purchaser of land may

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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