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England and Wales Land Registry Adjudicator |
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You are here: BAILII >> Databases >> England and Wales Land Registry Adjudicator >> Jani v Jani (Beneficial interests, trusts and restrictions : Express agreement) [2017] UKFTT 758 (PC) (05 September 2017) URL: http://www.bailii.org/ew/cases/EWLandRA/2017/2016_0145.html Cite as: [2017] UKFTT 758 (PC) |
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Nalini Jani v Virginia Frances Jani (Beneficial interests, trusts and restrictions : Express agreement) [2017] UKFTT 758 (PC) (05 September 2017)
Applicant sought a restriction in Form A to record her beneficial interest in the flat in which she lived, which was part of the registered title â€-œ the rest of the title being the ground-floor commercial premises. The Respondent agreed that she could have a restriction (because it was agreed that she had a life interest in the flat) but sought the amendment of the standard form so as to refer only to the flat itself, so as not to hamper his ability to grant leases of the rest of the property. Held that the amendment of the restriction would not meet the criteria set out in s 43(3) of the LRA 2002 (in particular, it would impose an unreasonable burden on the registrar) and so directed the registrar to give effect to the Applicant’s application.
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