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In what circumstances will the court order rectification of the register and what is the position with the priority of competing interests? The Court of Appeal confirmed that two leasehold titles should be restored to the register and that they took priority over a subsequent lease of the same space.
Gold Harp Properties v Macleod  EWCA Civ 1084 involved an appeal against a county court decision, requiring the alteration of Land Registry titles relating to a property with a ground and first floor and roofspace.
The judge decided that:
The Court of Appeal dismissed Gold Harp’s appeal on the rectification issue.
The property was acquired in 1988 by a group of teachers with a view to its redevelopment into four flats – one each on the ground and first floors and two in the roofspace – which would provide teaching and accommodation facilities for autistic children. Four 135-year leases were created, the two claimants each becoming tenant of half of the roofspace.
The two lower floors were acquired in 1999 by a company owned and controlled by a property developer. Those floors were converted into four flats. The claimants retained title to their respective parts of the roofspace. Fresh leases were entered into in 2000 in respect of those flats, with terms of 135 years running from 1988.
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