Wife`s occupation defeats bank`s claim
Wife`s occupation defeats bank`s claim
- 1988
- Times 23/5/88 p34 .
In Lloyds Bank Ltd v Rossett and Another , CA 13 May 1988, the purchaser appealed against a decision granting the Bank`s claim for possession . It was held that, under the Land Registration Act 1925 s20(1) and s70(1)(g), the relevant date for actual occupation in order for a overriding interest to subsist in registered land was when the legal charge was executed, not when it was registered. It was held further that where the wife had engaged almost daily in decorative work and builders carried out more extensive work, that was sufficient to constitute actual occupation.
BENEFICIAL INTEREST
LAND REGISTRATION ACT 1925 S70
In Lloyds Bank Ltd v Rossett and Another , CA 13 May 1988, the purchaser appealed against a decision granting the Bank`s claim for possession . It was held that, under the Land Registration Act 1925 s20(1) and s70(1)(g), the relevant date for actual occupation in order for a overriding interest to subsist in registered land was when the legal charge was executed, not when it was registered. It was held further that where the wife had engaged almost daily in decorative work and builders carried out more extensive work, that was sufficient to constitute actual occupation.
BENEFICIAL INTEREST
LAND REGISTRATION ACT 1925 S70