Thomas Braithwaite follows the use of personal claims in support of proprietary rights
The consequence of failing to protect property rights at the Land Registry is, of course, well known. In the language of s 29(1) of the Land Registration Act 2002 (LRA 2002): “Completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration.”
The practical consequence of this provision is that following a transfer of land registrable but unregistered property rights cannot be asserted against the new landowner; and, in the absence of title to the land over which they were granted, the rights may be worthless or unenforceable against the former landowner who originally granted them.
Mistakes happen
So far, so obvious. But mistakes happen. Rights that could and should have been registered are sometimes overlooked. And where there are mistakes, there are often those who would seek take advantage of them. A purchaser of land may be acutely conscious of the existence of unregistered rights in
