The Paddington Building Society v Malcolm Leslie Mendlesohn [1985] EWCA Civ 17 (02 April 1985)

The Paddington Building Society v Malcolm Leslie Mendlesohn [1985] EWCA Civ 17 (02 April 1985)

Where a party's equitable interest in registered land is, by the intention of the parties at acquisition, subject to the rights of a mortgagee, section 70(1)(g) of the Land Registration Act 1925 does not enlarge that interest to give it priority over the mortgagee, even if the party is in actual occupation at the relevant time.

Citation
[1985] EWCA Civ 17
Parties
Claimant: Paddington Building Society; First Defendant: Mr. Mendlesohn; Second Defendant: Mrs. Mendlesohn
Jurisdiction
England and Wales
Judgment Date
02 April 1985
Procedural Posture
Mortgage Possession Claim / Appeal
Outcome
appeal dismissed
Legal Topics
Overriding Interests, Actual Occupation, Priority of Interests, Registered Land, Mortgagee Rights
Property Law Land Registration Overriding Interests Actual Occupation Priority of Interests Registered Land Mortgagee Rights

Case Brief

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Parties

Paddington Building Society

Claimant

Mr. Mendlesohn

First Defendant

Mrs. Mendlesohn

Second Defendant

Procedural Posture

Mortgage Possession Claim / Appeal

Legal Issues

  1. 1 Whether Mrs. Mendlesohn's equitable interest constitutes an overriding interest under section 70(1)(g) of the Land Registration Act 1925
  2. 2 Whether the relevant date for actual occupation is the date of the mortgage or the date of registration of the charge
  3. 3 Whether Mrs. Mendlesohn's rights as a consenting party to the mortgage are subject to the rights of the Society

Ratio Decidendi

Where a party's equitable interest in registered land is, by the intention of the parties at acquisition, subject to the rights of a mortgagee, section 70(1)(g) of the Land Registration Act 1925 does not enlarge that interest to give it priority over the mortgagee, even if the party is in actual occupation at the relevant time.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order for costs save legal and taxation