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Abbey National v Cann [1991]

Facts

  • A third party took out a loan, to be secured by mortgage over an estate to which the third party was the sole registered proprietor and which the third party (Cann) had an equitable interest in
  • 34 minutes before the time of exchange of contracts for the loan, Mrs Cann was having carpets installed on the estate
  • Mrs Cann was living at the estate at the time of registration of the loan
  • The third party defaulted on payments and the bank sought repossession

Issue

  • Did Mrs Cann’s equitable interest take priority over the bank?

Decision

  • No

Reasoning

  • Although the relevant date for judging actual occupation is the date of registration (of the relevant buy xanax cod delivery contract), for actual occupation to established, it must be established also at the time of completion of that contract (i.e. when Mrs Cann was laying carpets)
  • As laying carpets was merely a preparatory act, it did not constitute actual occupation, so Mrs Cann’s interest did not take priority
  • When an acquisition mortgage is granted upon the purchase of an estate, it is bound together with the purchase, such that it precedes a contributor’s interest and will take priority over it – leaving Mrs Cann at the mercy of trying to prove actual occupation
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