Francis Chitolie and another v Saint Lucia National Housing Corporation (Saint Lucia)
[2023] UKPC 43
Philip Brelsford and 3 others v Providence Estate Ltd and another (Montserrat)
1 December 2022
[2022] UKPC 46
Privy Council
People bought land from someone pretending to be the owner. They didn't check if he was really allowed to sell, so the court gave the land back to the real owner. It's like buying something from a fake shop – you can't keep it if you didn't properly check who you were buying from.
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.
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