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Abbey National Building Society v Cann and another

Language: English Series: Weekly Law Reports ; (1990) 2 WLR 832-866(35)Publication details: 1990Subject(s): Summary: HL 29 March 1990. The house owner (C) applied to the building society (A) for a mortgage to purchase a house for his own occupation, although in fact it was for his mother and her husband to live in. On the day the purchase was completed C`s mother was on holiday but her furniture was moved into the house. A few weeks after C was registered as the proprietor of the property. When C default ed on payments, A began proceedings to take possession of the house. C`s mother claimed that she had an equitable interest in the property for two reasons; 1. she had joined with C to buy a property previous to this property about to be possessed. 2. C had told her she would always have a roof over her head. This interest in the property took priority over A`s according to provisions in Land Registration Act 1925 s23(1) and s70(1)(g). The court made an order for possession in favour of A, taking the date of completion as the "relevant date for ascertaining the existence of an overriding interest no
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Law report London Journal article ABS42591 (Browse shelf(Opens below)) 1 Available 37738-1001

HL 29 March 1990. The house owner (C) applied to the building society (A) for a mortgage to purchase a house for his own occupation, although in fact it was for his mother and her husband to live in. On the day the purchase was completed C`s mother was on holiday but her furniture was moved into the house. A few weeks after C was registered as the proprietor of the property. When C default ed on payments, A began proceedings to take possession of the house. C`s mother claimed that she had an equitable interest in the property for two reasons; 1. she had joined with C to buy a property previous to this property about to be possessed. 2. C had told her she would always have a roof over her head. This interest in the property took priority over A`s according to provisions in Land Registration Act 1925 s23(1) and s70(1)(g). The court made an order for possession in favour of A, taking the date of completion as the "relevant date for ascertaining the existence of an overriding interest no