WebMar 1, 2016 · Those in actual occupation is one example of protection for an interest which although unregistered overrides a registered ... Thompson v Foy, Thomas v Clydesdale ) and building on the ... Thompson v Foy [2009] EWHC 1076 (Ch) (20 May 2009) ... Where actual occupation is replied on as causing the interest to affect the estate, this suggests that there must be actual occupation both at the date of the disposition and also at the time of registration. See more Thompson v Foy [2009] EWHC 1076 (Ch) (20 May 2009) is an English land law case concerning the right of a person with an overriding interest in a home and deals with a family arrangement for a house to be a See more "A claim to set aside a deed of family arrangement and deed of gift transferring a property from a mother to her daughter based on undue influence failed where the kind of trust in play between the parties was no more than a trust that a daughter would keep her … See more F was entitled to a beneficial interest in the property based on proprietary estoppel. There had been a mutual understanding between T and F that if F built an extension it would … See more • UK Land Registry • Overreaching Interest See more "In conjoined actions, the court was required to determine issues concerning ownership and beneficial interest in a property, and priority over a registered charge. In the first action, the claimant (T) was the mother of the defendant (F). T, who was a widow, … See more • Land Registration Act 2002 • Leasehold estate • Equitable interest • English land law See more
Land Law: Registered Land - IPSA LOQUITUR
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Thompson v Foy - Wikipedia
WebBen was the sole advocate for the successful bank in Thompson v. Foy [2010] 1 P&CR 16 (undue influence, proprietary estoppel, actual occupation, overriding interests) and has acted in numerous claims involving allegations of forgery and an appeal on the effect of the Human Rights Act 1998 on mortgage possession claims. WebCase law concerning actual occupation under s.70(1)(g) Land Registration Act 1925 can be used to help determine the meaning, however, ... Thompson v Foy [2009] EWHC 1076 . Obvious occupation . Thomas v Clydesdale Bank [2010] EWHC 2755 . Failure to … WebFeb 5, 2024 · The trend has been towards a subjective interpretation of ‘actual occupation’.[12] In the seminal case Williams and Glyn’s Ltd v Boland, ‘actual occupation’ was considered to be no more than objective physical presence on the relevant land.[13] Things look different post-2002. In Thompson v. happy dragon restaurant biddeford maine