Halifax v Popeck [2009]

Facts

  • Following the fraudulently granted mortgages by the owner of a registered estate, the estate was transferred to the defendant without a contract

Issue

  • Were the charges on the estate (to secure the mortgages) enforceable against the defendant?

Decision

  • Yes

Reasoning

  • As a contract had not been used as part of the transfer of land to the defendant, no valuable consideration had been paid for the estate
  • As a result of this, section 29 of the Land Registration Act 2002 did not operate to negate the basic rule set out in section 28: all existing interests (including the charges) were enforceable against the defendant
RELATED CASE  Abbey National v Cann [1991]

Posted in Land Law Revision Notes.

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