Land registry searches
Land registry searches are a vital part of conveyancing and are usually an effective means of ensuring that property buyers understand exactly what it is that they are purchasing.
However, the tribunal case of Trevallion & Anr v Watmore & An (2016) underlined that they are not foolproof because not every right in respect of land has to be registered.
The neighbours had been under no obligation to register that interest and had not done so. It was not picked up in a pre-sale survey of the property and the couple were unaware of it at the time of purchase.
The dispute, which had become very angry, came before the First-tier Tribunal (FTT) after the couple objected to their neighbours' attempt to register the lease. In ruling in the neighbours' favour, the FTT found that the leasehold interest took priority over the couple's freehold title, which had not been registered until 2009.
The FTT accepted that the couple did not have actual knowledge of the lease's existence before they bought their home. However, in applying the legal test laid down by the Land Registration Act 2002, it found that their neighbours' occupation of the triangle would have been obvious on a reasonably careful inspection.
 Related articles on Designing Buildings Wiki
Featured articles and news
We review a book aiming to unpick the complexities of building physics.
An introduction to the categories, procedures and types of listed buildings.
This Australian robotics firm have developed a bricklaying machine capable of building a house in 3 days.
20bn devices will be online by 2020, generating huge volumes of information. Is society making the most of this rich data?
Built over a period of 632 years, Cologne Cathedral is considered one of the world's finest examples of Gothic architecture.
UandI adds £1.5bn to development pipeline.
Here are 5 things leaders can do to create a truly circular economy.
Find out about the different types of delays on construction projects.
Researchers at Wien university have developed new system to create an inflatable concrete structure.
Take a look at this newly-opened tower in Chicago with a remarkable 20:1 height-to-base ratio.
The principles, practice and formwork of one of the most important components of modern architecture.