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Residential Property
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at property practitioners, especially those dealing with residential property concerning the rights of owner occupiers and their registration obligations. The podcast aims to explore the relationship between the overreaching provisions of the 1925 legislation which concern equitable owners and the priority given to occupiers of premises who are exempt from registering their occupation on the title to the property. What pitfalls exist for a lender hoping to establish priority for a mortgage in such a situation?

After completing the course you will:
  • Understand what overreaching is and how it works;
  • Understand the rights of an actual occupier of property to take priority even if their interest is unregistered;
  • Be aware of the important case of HSBC Bank PLC v Dyche (2009) and its potential impact for owners, occupiers and mortgagees;
  • Be aware of the potential pitfalls for a mortgagee who is not thorough in their investigation of the property and its occupiers;
  • Know what steps the mortgagee should take to avoid a Dyche judgment;
  • Understand the role of ‘good faith’ in land transactions and the potential for equitable principles to derail property transactions;
  • Understand the consequences of an unauthorised move to overreach a beneficial interest;
  • Be aware of the decision in City of London BS v Flegg (1988) and whether the principles espoused in that case have been undermined by HSBC Bank PLC v Dyche (2009) ;
  • Be aware of subrogation as another route by which a mortgagee might take priority and any potential difficulties with that route.
Complex Difficulty: 4 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Re Duke of Marlborough [1894] 2 Ch 133;
  • Rochefoucauld v Boustead (No.1) [1897] 1 Ch 196;
  • Snook v London & West Riding Investments Ltd [1967] 2 QB 786;
  • Peffer v Rigg [1977] 1 WLR 285;
  • Williams & Glyn’s Bank v Boland [1981] AC 487;
  • Lyus v Prowsa [1982] 1 WLR 1044;
  • City of London BS v Flegg [1988] AC 54;
  • Abbey National v Cann [1991] 1 AC 56;
  • Haghighat v Solicitors’ Indemnity Fund (unreported, 27th October 1999, CA);
  • Halifax Plc v Curry Popeck [2008] EWHC 1692 (Ch);
  • HSBC Bank PLC v Dyche [2009] EWHC 2954 (Ch);
  • Law Of Property Act 1925 S2, 27, 205(1)(Xxi);
  • Land Registration Act 2002.

This podcast is about the decision of HSBC Bank plc v Dyche (2009) and what the case means for owners, occupiers and mortgagees of registered property. Mark West, a barrister at Radcliffe Chambers examines the potential for the overreaching mechanisms contained in the Law of Property Act 1925 to frustrate the easy alienability of property which sits at the heart of the Land Registration Act 2002.

What is the relationship between the express carve out from the requirement of registration of those in actual occupation of property and the rights of an owner holding in equity?

Podcast last reviewed: 2012-05-28

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