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
