Significant cases

Malory Enterprises Ltd v Cheshire Homes (UK) Ltd

In this important decision, the Court of Appeal considered the land registration regime and, in particular, the nature of the rights acquired by a person who “purchases” land from a fraudster and the rights of the “true” owner. There was also consideration as to whether the land register could be rectified retrospectively and as to what constitutes “actual occupation” of land for the purposes of a claim to have an overriding interest.