Equity & Law Home Loans v Prestidge [1992]

Facts

  • An unmarried man purchased a house as sole legal owner, with his partner contributing £10,000
  • The house was also purchased with the assistance of a £30,000 mortgage loan, also in the sole name of the man – it was consented to by the partner
  • The man subsequently re-mortgaged the house for £43,000, without the knowledge of the partner
  • The couple’s relationship broke down, the man left and the bank buy alprazolam europe sought to enforce their mortgage

Issue

  • Was the partner bound by the £30,000 to which she consented, or to the extent of the £43,000 re-mortgage amount?

Decision

  • £30,000 only

Reasoning

  • Consent could be imputed to the original £30,000 mortgage loan
  • As there was no consent to the re-mortgage, the mortgage only took priority to the extent of the £30,000 consented to
RELATED CASE  Harris v Goddard [1983]

Posted in Land Law Revision Notes.

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