Registered Land Flashcards
De Lusignan v Johnson
Non-registration means that they buyer will take the land free of the interest (estate contract) even if they know about it
Wilkes v Spooner
Once a purchaser takes free of an unregistered interest then all future purchasers take free of it (even if subsequently registered)
City of London Building Society v Flegg
Legal owners failed to repay mortgage and parents’ equitable interest was overreached by bank by paying purchase money to two legal title holders
Williams & Glyn’s Bank v Boland
Overreaching failed due to only one legal title holder - bank took property subject to wife’s equitable interest
Interest in land + actual occupation = overriding interest
Link Lending v Bustard
Resident of mental institution was held ot be in occupation - intended to return there, paid bills, left possessions in the house and occasionally visited
Abbey National v Cann
Occupation must be more than fleeting presence (permanence and continuity)
Chhokar v Chhokar
Wife away in hospital giving birth did not defeat occupation (temporary absence)
Stockholm Finance v Garden Holdings
Saudi princess away for a year - sending chauffeur and cleaner to check on house did not count as occupation
Strand Securities v Caswell
Cannot be in occupation via family member (obiter - can be in occupation via deliberately appointed caretaker)
Thompson v Foy
Must be in occupation on date of completion and registration
Chaudhary v Yavuz
Right of way does not constitution occupation (obiter - more permanent easement might constitute occupation)
Equitable easement is not occupation
Webb v Pollmount
Equitable lease is an interest in land for purposes of overriding interests
No need for causal connection between right protected and occupation that provides the protection
