Link Lending Ltd v Bustard

Link Lending Ltd v Bustard

Ms Bustard was in actual occupation of the property at the relevant date because her absence was involuntary, explained by psychiatric detention, her intention to return was persistent, her home remained furnished and bills paid, and her visits, though supervised, manifested occupation. The judge's evaluative judgment was not wrong in law or fact.

Parties
Appellant: Link Lending Limited; Respondent: Ms Susan Bustard
Jurisdiction
England and Wales
Judgment Date
23 April 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Actual Occupation, Overriding Interests, Registered Land, Mental Incapacity, Possession Proceedings
Land Law Mental Health Law Actual Occupation Overriding Interests Registered Land Mental Incapacity Possession Proceedings

Case Brief

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Parties

Link Lending Limited

Appellant

Ms Susan Bustard

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Ms Bustard was a 'person in actual occupation' of the property on 29 February 2008 for the purposes of the Land Registration Act 2002, thereby entitling her to an overriding interest.

Ratio Decidendi

Ms Bustard was in actual occupation of the property at the relevant date because her absence was involuntary, explained by psychiatric detention, her intention to return was persistent, her home remained furnished and bills paid, and her visits, though supervised, manifested occupation. The judge's evaluative judgment was not wrong in law or fact.

Court Disposition

appeal dismissed

Orders

  • Claim for possession dismissed
  • Mrs Hussain to transfer the property to Ms Bustard