Registration

Question 1

3 principles of land registration

Answer 1

• mirror principle
• curtain principle
• insurance principle

Question 2

Strand Securities Ltd v Caswell 1965

Answer 2

both interest and AO needed

Question 3

Hodgson v Marks 1971

Answer 3

resulting trust and AO make an overriding interest

Question 4

Walicite Ltd v Ferrishurst Ltd 1991

Answer 4

the occupier needn’t be in AO of the whole land, reversed by Sch 3 para 3

Question 5

Link Lending v Bustard 2010

Answer 5

persistent intention to return home from a mental hospital held to be AO

Question 6

Paddington BS v Mendelsohn 1985

Answer 6

trust deed after the mortgage means that the bank’s charge takes priority, occupier might’ve consented to the mortgage by implication

Question 7

Williams & Glyn’s Bank v Boland 1980

Answer 7

first resulting trust, then mortgage, wife had an overriding interest

Question 8

Abbey National Bld Soc v Cann 1990

Answer 8

in order to bind a purchaser, there must be occupation at the time of the disposition, I.e. completion of the purchase and here there were only acts preparatory to completion (moving in furniture here); no scintilla temporis between completion of the purchase and creation of the mortgage