Re Chowood’s Registered Land [1933] Ch 574
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:02:24 UTC
Plaintiff purchased and registered absolute title to some land and sued Defendant, a squatter for trespass. Defendant counter-claimed for her overriding interest and rectification.
Defendant was granted this and Plaintiff denied indemnity, on the ground that OI had already existed at time of Plaintiff’s purchase, the rectification reflected the reality of and did not change the substance of Plaintiff’s situation/title.
It did not diminish Plaintiff’s title and therefore Plaintiff could claim no indemnification.
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