Jurisdiction(s):
United Kingdom

Baker v Craggs: failure to register within the priority period—overreaching prevails over overriding interests; actual occupation insufficient; contract merges on completion (England and Wales)

Published on: 19 December 2016

Published by a LexisNexis Property expert

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Article summary

Original news Baker and another v Craggs [2016] EWHC 3250 (Ch)

The proprietors of a parcel of land (servient land) first conveyed it to Mr Craggs, and later purported to bestow a right of way over it in the Bakers’ favour within a transfer to them of different land (dominant land). Registration of the servient land was materially delayed because the plan was defective, ultimately with the consequence that the right of way was entered on the register before the transfer to Mr Craggs was registered. The central question was whether the grant of the right of way was effective. In short, the timing of registration determined priority between the competing interests.

What are the practical implications of this case?

The court considered that the grant appeared to result from conveyancing slips. Nevertheless, had the transfer of the servient land been registered within the applicable priority period, the land would not have been burdened by the right of way. The delay arose from a plan error, which should have been remedied without delay.

What is the law in this area?

A registrable disposition of a registered estate made for valuable consideration has the effect of postponing to the interest under...

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