The Weekly Law Reports
[2014] 3 WLR 1163
Supreme Court
Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening)
[on appeal from Mortgage Business plc v O’Shaughnessy]
[2014] UKSC 52
2014 March 3,
4;
Oct 22
Baroness Hale of Richmond DPSC, Lord Wilson, Lord Sumption, Lord Reed JJSC, Lord Collins of Mapesbury
Land registration— Overriding interest— “Actual occupation”— Vendor prior to sale agreeing to pay back significant part of completion money to purchaser in return for right to continue in occupation— Exchange of contract 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), s 29, Sch 3, para 2