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Kingsnorth Finance v Tizard [1986]

Facts

  • Mr Tizard was the sole registered proprietor of some land, upon which he lived with his wife
  • Mr Tizard and his wife, Mrs Tizard fell out. Mrs Tizard moved out, but visited daily to look after her children
  • Mr Tizard mortgaged the house, then defaulted
  • Mrs Tizard had contributed to the purchase price of the property

Issue

  • Could the bank obtain possession of the house?

Decision

  • No

Reasoning

  • Mrs Tizard had an equitable interest in the house, made overriding by her actual occupation
  • The equitable interest was not overreached as only 1 trustee existed (Mr Tizard)
  • Actual occupation was found on the basis of Kingsnorth Finance’s failure to carry out a reasonably careful inspection of the property – their inspection was arranged at a time to suit Mr Tizard, and at which Mrs Tizard would not be present; the presence of children should have altered the bank to make further enquiries
  • Notice to the bank’s solicitor was imputed to the bank
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