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Land Law > Cases > Flashcards

Cases Flashcards

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1
Q

Pettitt v Pettitt

A

Britain has become a property, particularly a real-property-mortgaged-to-a-building-society-owning, democracy

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2
Q

United Bank of Kuwait v Sahib

A

Deposit of title deeds is not sufficient for an equitable mortgage

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3
Q

Santley v wilde

A

Equity of Redemption: no clog or fetter on the equity of redemption

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4
Q

fairclough v swan brewery

A

Equity of Redemption: the right to redeem must not be illusionary

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5
Q

knightsbridge estates v byrne

A

Equity of Redemption: right to redeem must not be illusionary

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6
Q

multiservice bookbinding v marden

A

Equity of Redemption: no unconscionable or oppressive bargains

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7
Q

noakes v rice

A

Equity of Redemption: mortgage should gain no collateral advantage

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8
Q

Barclays v Obrien

A

mortgage will be set aside for fraud, misrep, or undue influence

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9
Q

RBS v Etridge (no 2)

A

Surety relationships:

  1. lender to contact surety, ask them to nominate a solicitor
  2. surety names solicitor
  3. lender discloses relevant details to surety’s solicitor
  4. solicitor to advise surety without principal debtor
  5. solicitor to write letter confirming they’ve been informed, and willing despite consequences
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10
Q

West Bromich Building Society v Wilkinson

A

Suing under covenant to repay: Limitation for capital amount of 12 years

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11
Q

Four maids ltd v Dudley Marshall Properties

A

Mortgagee has an inherent right to possession ‘before the ink has dried on the mortgage’

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12
Q

Halifax v Clarke

A

AJA S36: Previously under this case was to pay off entire sum, if the deed stipulated such; amended by s8 AJA 1973

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13
Q

Cheltenham & Glouchester BS v Norgan

A

AJA S36: ‘Reasonable period’ the entirety of the mortgage term

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14
Q

First national bank v Syed

A

AJA S36: ‘Likely to be able’ is a realistic prospect of payment and evidence

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15
Q

Bristol & West BS v Ellis

A

AJA S36: selling - within reasonable period between six to 12 months, no fixed rule.

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16
Q

Target Homes v Clothier

A

AJA S36: Likely to be able.

17
Q

Birmingham BS v Caunt

A

Court retains its inherent powers to postpone proceedings if there is a real prospect of repayment if AJA fails.

Land Law (3 decks)

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