Cook v The Mortgage Business L.J Etherton

harrishyatt
Mind Map by harrishyatt, updated more than 1 year ago
harrishyatt
Created by harrishyatt about 5 years ago
12
0

Description

2012
Tags

Resource summary

Cook v The Mortgage Business L.J Etherton
1 Issue
1.1 Whether the mortgagee right to possession has priority over the vendors right to occupation
2 Rule
2.1 Overriding interest under LRA 2002 Schedule 3 para 2
2.1.1 Must be a proprietary right adversely affecting the title LRA s.123(3)(b)
2.2 Ahmed case authority for Cann principle applying
2.2.1 because on same day contract for sale exchanged, transfer and mortgage executed
2.2.1.1 Cann
2.2.1.1.1 How to have an overriding interest by occupation against a chargee?
2.2.1.1.1.1 Charge is a right enabling its holder (chargee) to sell the land to ensure payment of a debt
2.2.1.1.1.2 Has to be actual occupation at the time of creation of legal estate
3 Facts
3.1 No reference was made in the contracts for sale to a leaseback to the vendors
3.1.1 Vendors would be selling without reserving any beneficial interests other rights in the property
3.2 No equity could have arisen prior to completion of payments
4 Obiter Dicta
4.1 Too technical and not realsitic
4.1.1 Separate contract, transfer and mortgage
Show full summary Hide full summary

Similar

How Parliament Makes Laws
harryloftus505
Contract Law
sherhui94
A-Level Law: Theft
amyclare96
AQA AS LAW, Unit 1, Section A, Parliamentary Law Making 1/3
Nerdbot98
A2 Law: Cases - Defence of Insanity
Jessica 'JessieB
Law Commission 1965
ria rachel
A2 Law: Special Study - Robbery
Jessica 'JessieB
The Criminal Courts
thornamelia
Omissions
ameliathorn0325
AS Law Jury Case Quiz
Fionnghuala Malone
Criminal Law
jesusreyes88