xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Land Law Cases
Trusts of land Cases

Skipton BS v Clayton [1993] 66 P & CR 223

Country:
United Kingdom
By Oxbridge Law Team
Nourse LJ
RELATED CASES

  • Defendant bought a property from X at a discounted price on the grounds that X would have a lease for life.

  • Defendant then got a mortgage from Plaintiff (without X’s knowledge) and defaulted. Defendant had fraudulently told Plaintiff that the property was vacant and Plaintiff had inspected it and come to that conclusion.

  • Plaintiff sued Defendant and X for possession.

  • CA held that since X did have a lease (exclusive possession etc made out), Plaintiff could not succeed against X.  

Nourse LJ

  • Where A is the legal owner and gets a mortgage loan from B, and C, who has a beneficial interest, gives C reasonable grounds for believing that he consents, C is estopped from claiming a beneficial interest that overrides that of the mortgagee. See Henning and Cann.

  • However, here there was no consent.

RELATED CASES

Any comments or edits about this case?
Get in touch

Similar cases

Equity and Law Home Loans v Prestidge
A couple bought a property in Defendant’s name, but B had a beneficial interest. Defendant extended their initial mortgage (to which B had consented) from Plaintiff whom he told of B’s beneficial int...
Quennell v Maltby
Plaintiff had a mortgage with X that prohibited letting out the house. He let it out to Defendant anyway. Plaintiff’s wife, Y, then bought up the mortgage interest from the bank, X, and sued for poss...
Bristol and West BS v Henning
Defendant 1 bought a house in which he and Defendant 2 lived. He mortgaged the house, with her knowledge and approval, and when he ceased payments the bank, Plaintiff, sued for possession. CA rejecte...
Lloyds Bank v Rosset
The house was purchased solely with funds from a trust fund and placed in X’s name. Unbeknown to Defendant, his wife, X took out a mortgage on the house and when he defaulted the bank, Plaintiff, cla...
Strand Securities v Caswell
Defendant had a sub-lease for over 21 years and which ought to have been registered but was not, and therefore was void unless it was an overriding interest. He did not live there himself but let X l...

Related free notes samples

Leases Notes
Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all th

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.