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Constructive Notice- Land Law

Hi!

Can anyone think of a case in which a inspection was done on a property and no equitable interest was found in that property, then that inspection was held to be a 'reasonable carfull inspection' and the person who did the inspection was held to have had no notice (constructive, imputed or actual)of the equitable interest?

Have been stifting through case books and cant find anything- any help would be great! :smile:

thanx

Reply 1

Lewisy-boy

We did two cases on this - one where it was found, and one where it wasn't. Alas, my memory for it is dissolved. Case names are always the first to go.

Reply 2

Tory_boy

'Lewisy-boy' post count= +1 :rolleyes:

Reply 3

Lewisy-boy

Well, I was pointing out that you should be able to find at least two cases... constructive notice was (and still is, in very limited circumstances in the field of land law) a very important doctrine and I find it surprising that no cases exist in the textbook. I have been racking my brain but the two cases just won't come back, although I can tell you the grounds.

In the one where constructive notice was found - they said that they hadn't looked closely enough and that the husband had been unscrupulous in his timing of the invite to the bank to inspect the property... I think :frown:

Reply 4

cassie86

i think that one is Kingsnorth Finance v Tizard???? ive got tonnes of case's where constructive notice was found but NONE at all where it wasnt apart from one called Caunce v Caunce which has been widely discredited. not overruled yet but im sure will be if the chance arises!!!!

anyone else- suggestions welcome!!!!