Link Lending v Bustard 
- 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
- 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?
- Yes, bank’s claim failed
- 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
Posted in Land Law Revision Notes.
This page was last updated on 5th February 2015