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Chaudhary v Yavuz [2011]

Facts

  • The defendant purchased an estate which had on it a metal staircase which provided access to the claimant’s adjoining land
  • The right of access was neither registered nor noted in the defendant’s contract of purchase
  • The defendant later removed the staircase

Issue

  • Could the claimant claim that his right of access had been infringed upon?

Decision

  • No

Reasoning

  • It would undermine the registration system if the right was allowed to bind a purchaser contrary to the express wording of section 29 of the Land Registration Act 2002
  • The claimant could not be said to have been in actual occupation of the staircase, rendering Schedule 3, paragraph 2 irrelevant
  • Both Peffer v Rigg [1977] and Lyus v Prowsa Developments [1982] were criticised for also undermining the registration system: actual notice and a lack of good faith should not hinder the binding nature of the registration system
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