Pezaro and another v Bourne and another

Land registration – Overriding interest. An application by the claimant property owners to have the benefit of a right of way removed on the grounds of proprietary estoppel failed as against the defendants. The Chancery Division held that the claimants, by failing at the earliest opportunity to take steps to have the right of way removed from the register exposed themselves to the risk that their unprotected and unimplemented agreement with the defendant's predecessor in title would cease to be enforceable.

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