A grantor cannot dispute the validity or effect of his own grant, and accordingly a mortgagor who has no legal estate at all1 is estopped at common law from denying that he had a legal title2. The estoppel binds the mortgagor and all persons claiming under him whether for value or not, other than a bona fide purchaser for value from the mortgagor without notice of the earlier transaction3. The title of the mortgagee does not prevail over the title of the true owner and the persons claiming under him; if, however, the mortgagor subsequently acquires the legal title
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234