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2144525
Link Lending Ltd v Bustard L.J. Mummery
Description
Link Lending Ltd v Bustard 2010 Court of Appeal
No tags specified
law
land law
registration
undergraduate
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harrishyatt
, updated more than 1 year ago
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Created by
harrishyatt
over 9 years ago
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Resource summary
Link Lending Ltd v Bustard L.J. Mummery
Rule
LRA 2002 S29 schedule 3 para 2
Replaces LRA 1925 S70(1)(g)
Ms Bustard was in actual occupation
Sufficient degree of continuity and permanence of occupation
involuntary residence elsewhere
persistent intention to return home when possible
evidenced by regular visits
Evidence of absence from property did not mean absence of evidence of actual occurpation
Primary facts
Not in property when Link Lending Limited registered charge over property
In a residential care home for a year
Incapable of living safely in property
Visits to property brief and supervised
Her furnished home
Other people had taken responsibility of her finances to pay the bills
Applied to Mental Health Tribunal to return home
No final and irrevocable decision not to be permitted home
Obiter dicta
Cann
Acts preparatory to assumption of actual occupation
Distinguishable from Stockholm
new and special feature is in the psychiatric problems of the person claiming actual occupation
Thompson v Foy
Decision is supportable in law and in fact
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