Part 9Rights of persons acquiring etc. in good faith
Leases
88I1Acquisition from assigner without valid title
1
This section applies where a person (“A”), who is not the tenant under a registered lease but—
a
is shown in the title sheet as tenant, and
b
is in possession of the subjects of the lease,
purports to assign the lease.
2
The assignee (“B”) acquires the lease provided that the conditions in subsection (3) are met.
3
The conditions are that—
a
the subjects of the lease have been in the possession, openly, peaceably and without judicial interruption—
i
of A for a continuous period of at least 1 year, or
ii
of A and then of B for periods which together constitute such a period,
b
at no time during that period did the Keeper become aware that the register was inaccurate as a result of A (or B) not being the tenant,
c
B is in good faith,
d
the lease is extant,
e
B would have acquired the lease had A been tenant when the lease was assigned,
f
at no time during the period mentioned in paragraph (a) was the title sheet subject, by virtue of section 67, to a caveat relevant to the acquisition by B, and
g
the Keeper warrants (or is to be taken to warrant) A's title.
4
The date on which the lease is acquired by virtue of subsection (2) is—
a
where subsection (5) applies, the date on which the deed of assignation is registered,
b
where subsection (6) applies, the date on which the period of possession mentioned in that subsection expires.
5
This subsection applies where, as at the date of registration, the subjects of the lease have been in the possession, openly, peaceably and without judicial interruption—
a
of A for a continuous period of at least 1 year, or
b
of A and then of B for periods which together constitute such a period.
6
This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration on the application of B, does not expire until a date later than the date of registration.