Nature of the Case
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Facts
P purchased a parcel of registered land and became the holders of a certificate of title issued by the South Registry District. The certificate noted that the land was subject to a mortgage by a bank and to sewer assessments; no other encumbrances appeared. D owned land abutting on the premises of P. D used both a driveway and a garage located on P's land ever since P acquired title. D claimed this right by virtue of a lease dated August 8, 1938, from P's predecessors in title. The lease was acknowledged and under seal and purported to give D, for a period of 25 years, a demise of that part of P's land. It was recorded with a plan on September 23, 1941, but was not registered in the land registration division. The trial judge found that prior to October 14, 1941, the day that P acquired the land, that P had actual notice of the lease and that P were not holders for value without notice thereof. The judge dismissed P's bill and P appealed.
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