Thursday, September 14, 2006

Chancery Woes

The reason for my recent lack of postings is due to preparation for a three day Chancery trial on the Isle of Wight. I acted for clients when they bought a property in Cowes which included a Boat Park subject to use by the other 10 properties on the development and mooring on a Sea Wall adjoining a Boat Yard. A dispute arose with the Boat Yard owner over the ownership of the Sea Wall which was in my clients' title but which he claimed and he sought Rectification of the Registers of the two titles.

I rarely these days deal with litiguous matters but got sucked into this one having started dealing with it by corresponding with the Land Registry but they got cold feet and directed that the matter be referred to the High Court for a decision and by then I was in too deep to back out.

The Trial finished yesterday and we lost but I am now seeking an indemnity for my clients' losses from the Land Registry under Schedule 8 of the Land Registration Act, 2002 which is a first for me in 38 years of practice.

So today its back to conveyancing. Roll on the weekend