Birmingham Midshires Mortgage Services v Sabherwal 
- A mortgagee sought possession of a house (on unregistered land) after a mother’s sons defaulted on mortgage payments
- The mother had contributed to the purchase price of the house
- Was the mother’s interest overreached?
- The decision in City of London Building Society v Flegg , which provided that interests such as the mother’s would be overreached, was applicable even after the enactment of the Trusts of Land and Appointment of Trustees Act 1996.
- The Human Rights Act 1998 had not been enacted at the time of the initial hearing, so no defence could be made on this ground to prevent overreaching taking place
- This case distinguished between ‘family’, ‘commercial’ and ‘residual’ equitable interests for the purpose of the title deeds conveyancing process
Posted in Land Law Revision Notes.
This page was last updated on 10th May 2015
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