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Webb v Pollmount [1966]

Facts

  • An option to purchase a freehold estate was granted to the lessee of that estate
  • The leasehold estate was then sold by the lessee
  • The lessee remained in actual occupation and wished to exercise the new option although no longer the lessee of the estate

Issue

  • Did the option take priority over the new lessee’s interest?

Decision

  • Yes

Reasoning

  • An option to purchase was a qualifying order xanax online india interest capable of overriding a new purchaser by virtue of section 70(1)(g) of the Land Registration Act 1925
  • It is assumed that as National Provincial Bank v Ainsworth [1965] was applied in this decision, this case is still good law under the the Land Registration Act 2002 (Schedule 3, paragraph 2)
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