Latest news and views tagged overriding interests
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This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...
Sale and leaseback schemes
The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...
Overriding interests
This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it.
Mrs Qutb had suffered from Alzheimer’s disease for a number...
Bank takes subject to beneficial interest
The court found that the bank took subject to the occupier's beneficial interest in the property as they failed to make inquiry of him. Paragraph 2 of schedule 3 to the Land Registration Act 2002 provides...
New case: Overriding interests
The question the court considered was whether the second defendant had an equity in relation to the property and, if so, whether the claimant’s charge took subject to that equity.
The court held that...