CHANCERY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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CAROLINE LESLEY LUDLAM |
Applicant |
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- and - |
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(1)TYRONE COURTMAN (TRUSTEE IN BANKRUPTCY OF THE ESTATE OF JOHN MICHAEL LUDLAM) (2) EVELYN EXLEY |
Respondents |
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The Respondents did not attend and were not represented
Hearing date: 24th March 2011
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Crown Copyright ©
Mr Justice Briggs:
THE FACTS
"… I have four sets of title deeds in the name of Caroline for four acres approximately, 21 acres, 4.28 acres approximately and 3.466 acres. I presume that this covers all the land holdings at Somersal Herbert including Montgomery House."
The letter was a reply to a fax from Mr Ludlam which has not survived, so its correct interpretation must to an extent be a matter of conjecture. Nonetheless it does appear to suggest, by reference to the 3.466 acres, that GC&C did in 1992 hold title deeds showing Mrs Ludlam as the legal or at least beneficial owner of the Woodland.
"Just to confirm that I have four separate sets of Title Deeds in the name of Caroline to the various fields and paddocks which are owned in addition to the 5.344 acres forming the Montgomery House title which is mortgaged to the Cheltenham and Gloucester. The total acreage would appear to be 38.08 acres."
38.08 acres is a precise aggregate of 5.334 (Montgomery House), 4 (separate field), 4.28 (separate field), 21 (land to the south west) and 3.466 (the Woodland).
"From the information supplied it appears that Waters Wood (the Woodland) consisted of land being 3.466 acres. We have carried out an extensive search of our records and do not hold any title deeds for you or Caroline. Our records show that we did hold title deeds for Caroline in respect of land being 3.466 acres at Somersal Herbert. Our records indicate that the land was sold in July 1999 and we have not held the deeds since then."
It is no surprise that, in those circumstances, Mrs Ludlam's application for first registration did not succeed. The Woodland remained, according to the Trustee's solicitors, unregistered.