Amanda Eilledge examines the recent High Court decision of John Patrick Murphy v Lambeth London Borough Council (2016) Ch D (Murray Rosen QC sitting as Deputy High Court Judge) 19/02/2016
Real Property - Landlord and Tenant – Construction of Contracts – Cherrytree Investments v Landmain – Rectification Under Land Registration Act 2002 Sch.4 Paras.3 & 6
This case will be of interest to property litigation lawyers for two reasons:
- It involved the application of the Cherry Tree Investments v Landmain principle in the context of an ambiguous lease. The court had to decide whether an extrinsic document, namely, a right to buy notice under section 125 of the Housing Act 1985 (“the s125 Notice”), could be relied upon as an aid to construction of a long lease registered at the Land Registry.
- The court found that there were “exceptional circumstances” for the purposes of Sch.4 para.3(3) Land Registration Act 2002 (“LRA 2002”) but ordered rectification of the property register in any event.
Read Amanda's full article