Registered Land

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  • Created by: Edward
  • Created on: 29-02-16 11:18
Thomas v Clydsedale Bank (2010)
Re para 2(c)(i), it is the visible signs that have to be obv on inspection
1 of 17
Link Lending v Bustard (2010)
Mummery J: the deg of permanaence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the prop and the reason for it and the nature of the prop and personal circum’s are relevant fa
2 of 17
National Provincial Bank v Hastings (1964)
Actual occ is an overriding int that protects the rights of persons in act occ
3 of 17
Williams & Glyn’s Bank v Boland (1981)
A wife’s beneficial int under a trust of land can be protected by virtue of her act occ
4 of 17
City of London Society v Flegg (1988)
Overriding int of act occ cannot occur where the interest has been overreached
5 of 17
Link Lending v Bustard (2010)
CA: the time she had to be in actual occ was when the charge was created
6 of 17
Abbey National BS v Cann (1991)
The occ must exist when the transfer to the purchaser takes effect
7 of 17
Thompson v Fry (2009)
The duration of the absence and an intention to return appear to be the key factors
8 of 17
Chhokar v Chhokar (1984)
Although temp absences do NOT prevent a person being in act occ, if the person said to be in act occ is NOT physically present on the land at the relevant time, it will be nec to show that the occ was manifested and accompanied by a continuing intent
9 of 17
Link Lending v Bustard (2010)
It is possible to remain in occ of one’s home while in prison, hospital or otherwise institutionalised
10 of 17
Strand Securities v Caswell (1965)
Presence of furniture without personal occ was inadequate for overriding int of act occ
11 of 17
Chaudhary v Yavuz (2011)
The passing and re-passing between the street and the relevant flat via an alleyway and metal staircase did NOT amount to act occ
12 of 17
Hypo-Mortgage v Robinson (1997)
It is possible to occ through an agent or member of the family, but a child in occ of premises is not suff’t for parent
13 of 17
Epps v Esso Petroleum (1973)
Regularly parking upon a strip of land was NOT regarded as being in act occ
14 of 17
Drake v Fripp (2011)
A mere change in the boundary line, and despite the acreage involved, would NOT have such an adverse effect
15 of 17
Paton v Todd (2012)
When the regd proprietor is NOT in poss’n , the registrar or court is obliged to rectify the reg unless there are exceptional cicrums that justify not doing so
16 of 17
Re Chowood (1933)
Indemnity is not generally available for mere alterations because, as they do not prejud’y affect the regd proprietor, there is technically no loss caused
17 of 17

Other cards in this set

Card 2

Front

Mummery J: the deg of permanaence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the prop and the reason for it and the nature of the prop and personal circum’s are relevant fa

Back

Link Lending v Bustard (2010)

Card 3

Front

Actual occ is an overriding int that protects the rights of persons in act occ

Back

Preview of the back of card 3

Card 4

Front

A wife’s beneficial int under a trust of land can be protected by virtue of her act occ

Back

Preview of the back of card 4

Card 5

Front

Overriding int of act occ cannot occur where the interest has been overreached

Back

Preview of the back of card 5
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