Court:

Status:

Current Legislation:

Historic Legislation:

Facts:

Observatory wanted to undertake works under the 1939 Act. Notices were served and an award made. That award require Observatory to make good any damage to Camtel’s land, or in default of making good, authorised Camtel to enter on to Observatory’s land to undertake the works at Observatory’s expense.

Camtel applied to register the award at Land Registry as a caution against Observatory’s title.

Decision:

The application was dismissed.

An adjoining owners’ rights arising from an award under the 1939 Act are not capable of registration as a caution (now called a “notice” under the Land Registration Act 2002).