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United Kingdom
Leading Case
actual occupationoverriding interestsprioritycompletion
Abbey National Building Society v Cann
[1990] UKHL 3; [1991] 1 AC 56
Key Principle
Actual occupation for overriding-interest purposes is tested at the date of completion (registration), and an acquisition mortgage and the transfer it funds are one indivisible transaction, leaving no scintilla temporis in which an unencumbered estate exists for a beneficial interest to attach.
Area of Law
Land & Property
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