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United Kingdom
first registrationadverse possessionjudicial review
Diep v Land Registry
[2010] EWHC 3315 (Admin)
Key Principle
The decision whether to register an applicant with absolute or only possessory title on first registration involves a discretionary balancing exercise, including protection of the public purse against potential indemnity liability; granting possessory rather than absolute title where the true owner has not consented is not unreasonable or irrational.
Area of Law
General
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