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.
When a couple bought their home their freehold title included a triangle of land over which their neighbours had held a leasehold interest since 1968 and which they had used for storage purposes.
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.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Latest Build UK Building Safety Regime explainer published
Key elements in one short, now updated document.
UKGBC launch the UK Climate Resilience Roadmap
First guidance of its kind on direct climate impacts for the built environment and how it can adapt.
CLC Health, Safety and Wellbeing Strategy 2025
Launched by the Minister for Industry to look at fatalities on site, improving mental health and other issues.
One of the most impressive Victorian architects. Book review.
Common Assessment Standard now with building safety
New CAS update now includes mandatory building safety questions.
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.