Key Facts
- •Appellants purchased land from Cassell, purporting to act for Providence Estate Ltd (PEL), without PEL's authority.
- •Cassell was not a validly appointed director of PEL.
- •Purchase money was paid to Cassell's company, not PEL.
- •Appellants did not conduct due diligence on Cassell's authority.
- •Cassell was subsequently convicted of fraud (though later overturned on appeal).
- •Montserrat's Registered Land Act 2008 (RLA 2008) provides a Torrens system of land registration.
Legal Principles
Torrens system: registration confers title on the registered proprietor; purchaser generally doesn't need to look beyond the register.
Quinto v Santiago Castillo Ltd [2009] UKPC 15
Torrens systems allow for rectification of the register in cases of fraud or mistake.
Quinto v Santiago Castillo Ltd [2009] UKPC 15
RLA 2008, section 23: Registration with absolute title vests ownership, subject to exceptions (incumbrances, section 27, section 28, and proviso).
Registered Land Act, Cap 8:01, Revised Laws of Montserrat 2008
RLA 2008, section 140: Court may rectify register if registration obtained by fraud or mistake; exceptions for proprietors in possession who acquired land for valuable consideration without knowledge.
Registered Land Act, Cap 8:01, Revised Laws of Montserrat 2008
RLA 2008, section 141: Government indemnity for damage from rectification, subject to limitations mirroring section 140(2).
Registered Land Act, Cap 8:01, Revised Laws of Montserrat 2008
'Mistake' in land registration includes registration of an interest acquired under a void disposition.
NRAM Ltd v Evans [2017] EWCA Civ 1013
A proprietor 'substantially contributes' to a mistake if they play a substantial role in bringing about the mistaken registration through act, neglect, or default.
This judgment
Outcomes
Appeal dismissed; cross-appeal allowed.
Appellants' registration was obtained by mistake, and they substantially contributed to that mistake by failing to conduct due diligence.