Wills & Trusts Law Reports | July/August 2015 #151The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...
Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …
Continue reading "Co-Owners In Actual Occupation: High priority"
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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 …
Continue reading "Competing Rights: Tenants v mortgagees"
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