Observatory Hill Limited v Camtel Investments SA

 Case Summary

 

Court:
High Court
Status:
Non-Binding
Current Legislation:
Party Wall etc. Act 1996, s. 10;  Land Registration Act 1925
Historic Legislation:
London Building Act (Amendment) Act 1939
Facts:

Observatory wanted to undertake works under the 1939 Act. Notices were served and an award made. That award require Observatory to make good any damage to Camtel’s land, or in default of making good, authorised Camtel to enter on to Observatory’s land to undertake the works at Observatory’s expense.

Camtel applied to register the award at Land Registry as a caution against Observatory’s title.

Decision:

The application was dismissed.

An adjoining owners’ rights arising from an award under the 1939 Act are not capable of registration as a caution (now called a “notice” under the Land Registration Act 2002).