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Competing Rights: Tenants v mortgagees
Who ranks in priority in possession proceedings? A recent decision in the High Court provides some answers, as Kathleen Fitzgerald reports ‘The matter of whether the mortgagees’ priority could be adversely affected is governed solely by the provisions of the Land Registration Act 2002.’In Re North East Property Buyers Litigation [2010] the English High Court …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Abbey National Building Society v Cann [1990] UKHL 3
- Nationwide Anglia Building Society v Ahmed (1995) 70 P&CR 381
- Re North East Property Buyers Litigation [2010] EWHC 2991 (Ch); [2012] EWCA Civ 17
- Redstone v Welch & Jackson [2009] EG 98
- Whale & ors v Viasystems Technograph Ltd & ors [2002] EWCA Civ 480
- Williams & Glyn's Bank Ltd v Boland [1981] AC 487