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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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In 1955 the chief land registrar sir george curtis ruled whiteway

Customer Question

in 1955 the chief land registrar sir george curtis ruled whiteway colony land was liberated in perpetuity please explain this
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
It means that he found that there was no conventional system of recorded or registered land ownership and that those owning properties were free to continue the informal system of committee directed selling and buying of property within the community. The history was that the original settlers on the land burnt their title deeds to make a political point and since then the whole lands have been deemed to be ownerless. The properties and the community are largely self governing. The court case in 1955 rubber stamped this approach. All sales are in cash and no one can borrow or take a mortgage.
Happy to discuss further.
I hope this helps.
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JGM and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

can whiteway colony land be registered with land registry

Expert:  JGM replied 1 year ago.
No, as there is no ownership in the conventional sense. It is a unique situation which was recognised in 1955 as being free ownership, ie, personal rather than heritable or real, in the property law sense.
Customer: replied 1 year ago.

hiCustomerthank you that is very usefull information is the judgement on the land still valid and is there any way it can be overturned

Expert:  JGM replied 1 year ago.
The judgment is still valid. To overturn it I think it would need litigation from the lower courts right up the court system and through to the Supreme Court. Alternatively, legislation would be required. I think either is unlikely in respect that, whilst unconventional, the system has operated for many years.
Customer: replied 1 year ago.

hi where can i find g curtis's summing up of the evidence i believe that is where the phrase liberated in perpetuity comes from i need to be able to reference it to stop proposed registration of colony land

Expert:  JGM replied 1 year ago.
I have found reference to the case but not the names of the parties. If I have those I can probably get the actual case report. Can you help with the names of the parties?
Customer: replied 1 year ago.

the applicant was Mrs Emma ****** ******** the 1st objector for whiteway colony was Mrs Mary ********* 2nd objector Mr W ******** **********

Expert:  JGM replied 1 year ago.
I've had a good look through the databases available to me and haven't found the decision. It may be that it's not reported in the law reports I have access to and application may have to be made to the Land Registry. I'll keep looking. If I do find anything I'll let you know.
Customer: replied 1 year ago.

thank you so much i will try land registry

Expert:  JGM replied 1 year ago.
Noted. I hope you find it.
Customer: replied 1 year ago.

hi is there anything in the references you found that might help us and would it be a good idea to take this to court

Customer: replied 1 year ago.

if the colony is turned into a limited company does the judgement of the land tribunal still apply

Expert:  JGM replied 1 year ago.
The judgment I presume related to the tenure of the land and not the legal identity of the occupants. However, I would be reluctant to advise either way without seeing the decision of the registrar. I've still not managed to uncover a copy. If you do find something please let me have a copy and I'll have a look for you.
Customer: replied 1 year ago.

how do i send you the information i have it is in an email

Expert:  JGM replied 1 year ago.
Either copy & paste or forward to***@******.*** and ask the moderator to forward it to me.
Expert:  JGM replied 1 year ago.
Is there a page or pages missing from the last page? I have 4 pages and the third and fourt/last don't seem to belong together.
Customer: replied 1 year ago.

hi i resent the email with the land reg docs did you get a usable copy

jane

Expert:  JGM replied 1 year ago.
Yes I saw it. This is not a court decision, it is a decision of the Land Registry. To overturn it would need a similar application, a refusal of that and then an application to the court, possibly for judicial review of the decision.