Wills & Trusts Law Reports | Summer 2023 #191Mr Sahota issued a Part 8 claim to enforce a charging order over Mr Rajan Sohal’s interest in a property known as 31 Windsor Road. There were three deeds in respect of the subject properties, dated 5 October 2012, 7 August 2015 and 17 May 2019, purporting to grant Pooja Sohal, Mr Sohal’s wife, and Veena Sohal, Mr Sohal’s mother, interests in 31 Windsor Road. These deeds, if valid and effective, would have reduced the equity in 31 Windsor Road to the extent that there was unlikely to be any equity to satisfy Mr Sahota’s charging order. Mr Sahota challenged the three deeds on the basis tha...
Christopher Cant considers a decision providing guidance on the construction of documents registered at HM Land Registry The majority considered that the insertion of a whole clause mistakenly omitted required a rectification order and could not be dealt with as a matter of construction.The recent Court of Appeal decision in Cherry Tree Investments Ltd v …
Continue reading "Conveyancing: A major change in the court’s approach"
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Paul Pinder examines a Court of Appeal decision on the interpretation of documents held by the Land Registry ‘The publicly available documents held by the Land Registry therefore omitted to state what was owed and did not refer to the extended power of sale.’ In the recent case of Cherry Tree Investments Ltd v Landmain …
Continue reading "Land Charges: Selling repossessed land"
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