The Weekly Law Reports
[2012] 1 WLR 1521
Court of Appeal
*Mortgage Business plc v O’Shaughnessy and another
Southern Pacific Mortgages Ltd v Thompson and others
Same v Old and others
Same v Wilkinson and another
[2012] EWCA Civ 17
2011 Dec 19,
20;
2012 Jan 24
Lord Neuberger of Abbotsbury MR, Rix, Etherton LJJ
Land registration— Overriding interest— “Actual occupation”— Vendor of freehold interest agreeing to pay back significant part of completion money to purchaser in return for right to continue in occupation— Exchange of contracts of sale, completion and execution of mortgage all taking place on same day— Vendor remaining in occupation pursuant to tenancy granted by purchaser— Mortgagee’s claim for possession— Whether vendor having overriding interest taking priority over mortgagee’s charge—
Land Registration Act 2002 (c 9), ss 29, 72, Sch 3, para 2