Abbey National Building Society v Cann
Abbey National Building Society v Cann [1990] UKHL 3 is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest.
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Abbey National Building Society v Cann
Abbey National Building Society v Cann [1990] UKHL 3 is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest.
has abstract
Abbey National Building Societ ...... y over any equitable interest.
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Wikipage page ID
33,406,604
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795,030,266
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citations
[1990] UKHL 3, [1991] 1 AC 56
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court
House of Lords
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keywords
Actual occupation, scintilla temporis
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name
Abbey National Building Society v Cann
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opinions
Lord Oliver of Aylmerton and Lord Jauncey of Tullichettle
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hypernym
comment
Abbey National Building Societ ...... y over any equitable interest.
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label
Abbey National Building Society v Cann
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