- Owner falls foul of sale and rent back scheme
- Original news
- What were the facts of the case?
- What did the court below decide?
- What were the issues involved?
- What did the Court of Appeal decide?
- What was the nature of the right to set aside an unconscionable bargain?
- How did this fit into the scheme of land registration?
- How did the provisions on overriding interests fit with those on owner’s powers and overreaching?
- Was Ms Lambert’s interest an overriding interest?
- What are the implications of the decision?
Property analysis: The Court of Appeal considered the interplay between overreaching and overriding interests in a sale and rent back transaction. It decided that, even if the owner had an overriding interest, the new mortgagee did not take subject to it. It was overreached as the mortgage was granted by the sellers as trustees.
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