land law acquisition mortgage

So for acquisition mortgages, there is the special rule in Cann that the overriding interest is determined at completion of the sale, not the date of registration. If this wasn't the case, there would be the absurd result that A could remain registered proprietor until B registers his title after transfer, and in the meantime grant all sorts of additional interests to C which could bind B.


I'm not sure what you mean by why it doesn't apply to other overriding interests? In my opinion, the judgment in Cann made it clear that all overriding interests are determined at the date of completion of the purchase; so that would include Sch 3 Para 1 and Para 3 interests too. The judgment never said that actual occupation is the only overriding interest which is assessed at the date of completion, rather than registration.

This did not seem explicit in the judgment tho-that it applies to para 1 n 3 overriding interests?

Also, what about non-acquisition mortgages? All overriding interests take priority at the date of registration?

Well it wasn't explicit in the judgment, but their lordships used the phrases ''overriding interests are determined at the date of completion.'' So they didn't seem to limit it to actual occupation.

I have no idea what the answer is to your second question. Maybe extremely specific things like that may be worth raising with your tutor?

I think ur right after reading the whole (long)judgment thanks!

Aw you should have just asked, I'd have sent you my summary!