Boundaries to registered leasehold property: the High Court reminds conveyancers why it is important to read the small print in HCP (Hendon) Ltd) v Chief Land Registrar – Landmark Chambers
‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’
Landmark Chambers, 1st June 2020
Source: www.landmarkchambers.co.uk
