First-tier Tribunal (Property Chamber)

H M Revenue & Customs v Edward St Clare (Contracts and options : Agreements for mortgage or charge) [2018] UKFTT 332 (PC) (22 May 2018)

[2018] UKFTT 332 (PC). Respondent-™s application to remove a unilateral notice on a title not registered in his name. He claimed to be the beneficial owner of the property and entitled to be registered as proprietor on the basis of a gift from the registered proprietors. In 1989 the registered proprietors of the property had deposited the land certificate with the Respondent to secure a £900,000 tax assessment on one of them. Subsequently through their solicitors they had agreed to create a first legal charge over the property for the same reason. A notice of deposit was registered, and subsequently Respondent obtained a caution to protect the equitable charge. The caution was eventually converted into a unilateral notice. Applicant argued that the dealings between Respondent and the taxpayer in 1989 did not create any interest capable of being protected by a unilateral notice, and in the alternative that Respondent was estopped or otherwise disentitled by reason of delay/laches from enforcing its rights. The Respondent's application to cancel the Notice was rejected.

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