Top Left Background Top Right Background
Bottom Right Background

Halifax v Popeck [2009]


  • 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?


  • Yes


  • 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
Goto Top
Close Notification

Recent News

Other News