Canadian Imperial Bank of Commerce v Bello and others
Canadian Imperial Bank of Commerce v Bello and others
- 1992
- Property and Compensation Reports (1992) 64 P&CR 48-56(5) .
CA 8 November 1991. The second defendant M had been engaged by B to renovate a property. Stage payments were expected but not made and it was agreed that M should take over and use the property until B returned to the UK and made full payment. M completed the renovation and moved in in August 1988. In November 1989 the bank obtained a charging order on the property and commenced proceedings for possession and sale. M argued that they had an overriding interest as defined in Land Registration Act 1925. CA held in favour of M on the grounds that they enjoyed exclusive possession of the property despite not paying rent and the case was referred back to ChD for further direction and a further hearing.
EXCLUSIVE POSSESSION
LAND REGISTRATION ACT 1925
RENOVATION
CA 8 November 1991. The second defendant M had been engaged by B to renovate a property. Stage payments were expected but not made and it was agreed that M should take over and use the property until B returned to the UK and made full payment. M completed the renovation and moved in in August 1988. In November 1989 the bank obtained a charging order on the property and commenced proceedings for possession and sale. M argued that they had an overriding interest as defined in Land Registration Act 1925. CA held in favour of M on the grounds that they enjoyed exclusive possession of the property despite not paying rent and the case was referred back to ChD for further direction and a further hearing.
EXCLUSIVE POSSESSION
LAND REGISTRATION ACT 1925
RENOVATION