Submitted by Professor M.J. Dixon on Thu, 17/03/2022 - 09:58
A discussion of the challenging case of Knight v Fernley, and what it means for our understanding of title by registration under the Land Registration Act 2002 has been published in the latest volume of the Jounral of Property, Planning and Environmental Law (currently on line only until later this quarter). It can be downloaded via Emerald Insight throiugh normal UK University subscription services. The article argues that the signficant issues conerning overreaching and mistake under the LRA 2002 could have been avoided by the simple expedient of following the words of the statute. The unuual way the case was argued reveals misunderstandings about the nature of title under the LRA 2002.