Halifax v Popeck 
- Following the fraudulently granted mortgages by the owner of a registered estate, the estate was transferred to the defendant without a contract
- Were the charges on the estate (to secure the mortgages) enforceable against the defendant?
- 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
Posted in Land Law Revision Notes.
This page was last updated on 4th February 2015