2257465
Beschreibung
Mindmap von harrishyatt, aktualisiert more than 1 year ago
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Erstellt von harrishyatt
vor mehr als 9 Jahre
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Cook v The Mortgage Business L.J Etherton
- Issue
- Whether the mortgagee right to possession has priority over the vendors right to occupation
- Whether the mortgagee right to possession has priority over the vendors right to occupation
- Rule
- Overriding interest under LRA 2002 Schedule 3 para 2
- Must be a proprietary right adversely affecting the title LRA s.123(3)(b)
- Must be a proprietary right adversely affecting the title LRA s.123(3)(b)
- Ahmed case authority for Cann principle applying
- because on same day contract for sale exchanged, transfer and mortgage executed
- Cann
- How to have an overriding interest by occupation against a chargee?
- Charge is a right enabling its holder (chargee) to sell the land to ensure payment of a debt
- Has to be actual occupation at the time of creation of legal estate
- Charge is a right enabling its holder (chargee) to sell the land to ensure payment of a debt
- How to have an overriding interest by occupation against a chargee?
- Cann
- because on same day contract for sale exchanged, transfer and mortgage executed
- Overriding interest under LRA 2002 Schedule 3 para 2
- Facts
- No reference was made in the contracts for sale to a leaseback to the vendors
- Vendors would be selling without reserving any beneficial interests other rights in the property
- Vendors would be selling without reserving any beneficial interests other rights in the property
- No equity could have arisen prior to completion of payments
- No reference was made in the contracts for sale to a leaseback to the vendors
- Obiter Dicta
- Too technical and not realsitic
- Separate contract, transfer and mortgage
- Separate contract, transfer and mortgage
- Too technical and not realsitic
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