000			01187cab a2200193 4500
001			ABS42236
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u35575
041			_aeng
100			_aWelstead, M.
245		4	_aThe mortgagee`s claim: a question of priority
260			_c1990
350			_a0
490			_aLaw Society`s Gazette _v87(6) 14 February 1990, 31-32(2)
520			_aInvestigates the case of Abbey National Building Society v Cann , (CA decision awaited), which may determine how financial institutions lend money on the security of the family home. The principle is based on some species of estoppel. It permits a mortgagee to defeat the claim of an owner of an equitable interest in land if when the mortgage was granted an intention can be imputed to the equitable owner that their interest was subject to the rights of the mortgagee. In these circumstances the equitable owner has no enforceable right which can trigger the mechanism of the Land Registration Act 1925 s70(1)(g) . Even if they are in actual occupation of the land when the legal change takes place.
690			_aPROPERTY LAW AND PRACTICE
942			_n0
948			_c04/03/1997
999			_c23279 _d23279