Overriding interest
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They think it’s all overreaching
The Law of Property Act 1925 (the 1925 Act) transformed the law of property and has, in general, withstood the test of time. So it is a little surprising that…
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An occupier was not in a position to claim an overriding interest as against a lender because he had invested a business partner with all the indicia of title to the land
The Land Registration Act 2002 protects the interests of persons in actual occupation of registered land. If there is actual occupation, which must be evident upon reasonably careful inspection, the…
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Credit & Mercantile plc v Kaymuu Ltd
Legal charge – Constructive trust – Overriding interest – Claimant holding charge over property previously occupied by second defendant – Claimant seeking to enforce charge and retain net proceeds of…
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The Mortgage Business plc v Cook and three similar cases
Sale of land – Equity release scheme – Sales of residential properties with promise by purchaser that appellant vendors to be entitled to remain in their homes under tenancies –…
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PP 2011/127
Overriding interests
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Kumari and another v Bedia
Unconscionable bargain, Overriding interest
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Clydesdale Bank plc (t/a Yorkshire Bank) v Thomas
Land registration – Mortgage – Overriding interest – Section 29 of and para 2 of Schedule 3 to Law of Property Act 1925 – Claimant having charge over residential property…
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Bank of Scotland v Hussain and another
Sale of property – Mortgage – Overriding interest – Undue influence – First defendant purchasing property from second defendant with aid of mortgage from claimant secured on property – Court…
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Bank of Scotland v Hussain and another
Mortgage, Overriding interest
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Clydesdale Bank plc (t/a Yorkshire Bank) v Thomas
Overriding interest – Actual occupation
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PP 2010/60
Overriding interests – Actual occupation