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Flashcards in Registration Deck (5)
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Chhokar 1984

Key Words: Occupation evidenced by possessions

Facts: Wife in India, possessions in house, husband sold it to P

Ratio: Equal beneficial interests - P took the house subject to the wife's overriding interest



Key Words: Occupation given its plain meaning

Facts: Wife contributed towards purchase of house - H mortgaged and defaulted

Ratio: LRA 1925 s70 - AO is overriding interest + need at least 2 trustees - AO given plain English meaning


Scott v Southern Pacific Mortgages

Key Words: Overriding interests have to be proprietary in nature

Facts: Purchasers bought home with mortgagers - promised owners they could stay - LRA Schl 3?

Ratio: Only acquired personal rights - did not have any proprietary ones to give

NB: Hale believed the contract and mortgage were one indivisible transaction


Bristol & West Building Society v Henning

Key Words: Consenting out of a Right

Facts: Mortgagees claim possession of house - partner living there

Ratio: Imputed intention to be subject to mortgage = consented


LRA 2002

27: Dispositions required to be registered
28: Priority of first interest to be created
29+30: Exceptions to Priority: Registration and Schedule 3
33: Possible to register dispositions

Schedule 3: AO except occupation would not have been obvious on reasonably careful inspection + does not have actual knowledge + no unreasonable failure to disclose