Hunt v Luck (1902)

A purchaser was said to have constructive notice of any interest reasonably discoverable by inspection of the property. This includes a duty to ask occupants about their interests; for instant, whether they pay rent to a landlord.

If a purchaser (or mortgagee/secured lender) fails to inspect and enquire into occupants’ interests, he will have constructive notice of interests which would have been discoverable by the reasonable and prudent purchaser who would have carried out that inspection.

RELATED CASE  Wright v Macadam [1949]

Posted in Land Law Revision Notes.

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