- Directors’ powers to transfer company land during a receivership (Ghai v Maymask)
- What are the practical implications of this case?
- What was the background?
- What did the UT decide?
- Case details
Property Disputes analysis: A company director executed a transfer of company land at a time when, arguably, receivers were appointed over that land. The Upper Tribunal (UT) held that even if the receivership could have divested the director of the power to bind the company, section 26 of the Land Registration Act 2002 (LRA 2002) allowed the buyer to assume the transfer to be free from that possible limitation. The buyer was entitled to be registered. Written by Stephanie Tozer QC and Cecily Crampin, barristers, at Falcon Chambers.
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