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
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)