The Law Reports (Chancery Division)
[1997] Ch 276
[COURT OF APPEAL]
STATE BANK OF INDIA
v.
SOOD
And Others
1996 Oct. 3,
4;
30
Hirst, Peter Gibson and Pill L.JJ.
Land Registration
— Overriding interest
— “Actual occupation”
— Equitable tenants in common in actual occupation of land
— Execution of legal charge to secure future bank overdraft
— Charge executed by two trustees for sale without occupiers' knowledge
— No capital money arising at time of execution of legal charge
— Whether occupiers having overriding interest
— Whether interest overreached by execution of legal charge
—
Law of Property Act 1925 (15 & 16 Geo. 5, c. 20), s. 2(1)(ii)
—
Land Registration Act 1925 (15 & 16 Geo. 5, c. 21), s. 70(1)(g)