Link Lending v Bustard [2010]

Facts

  • Mrs Bustard was sectioned under section 3 of the Mental Health Act 1983, therefore could not live continuously at her house, of which she was the registered proprietor
  • Mrs Bustard visited her house weekly, under supervision
  • A third party fraudulently had Mrs Bustard’s house transferred to him, mortgaged it and default on payments
  • The bank sought repossession of the house

Issue

  • Was Mrs Bustard entitled to override the bank’s interest by virtue of her actual occupation as defined by paragraph 2, Schedule 3 of the Land Registration Act 2002?

Decision

  • Yes, bank’s claim failed

Reasoning

  • The Court of Appeal refused to reverse the trial judge’s finding that Mrs Bustard was in actual occupation under the 2002 Act, as he had not incorrectly interpreted the legislation
  • The trial judge (Judge Walton in the County Court) found actual occupation was a justified finding as a result of several factors including Mrs Bustard’s regular visits;  the third party’s knowledge of her mental incapacity and her intention of remain in occupation of her house
RELATED CASE  King v David Allen [1916]

Posted in Land Law Revision Notes.

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