A look at the legal issues that arose form the cases of "Caunce vs. Caunce" and "Kingsnorth Finance vs. Tizard".
Written in 2007; 1,861 words; 7 sources; MLA; $ 59.95
Paper Summary:
This paper provides a brief overview of the British laws regarding land registration and land charges. It focuses on two cases, "Caunce vs. Caunce" [1969] and "Kingsnorth Finance vs. Tizard" [1986] and looks at which of the decisions achieved the most satisfactory outcome to reflect current social needs.
Outline:
Introduction
Legal Issues in the Caunce and Tizard Cases
The Decisions in the Caunce and Tizard Cases
Conclusion
From the Paper:
"The legal issue in the Caunce1 case is whether the bank has priority over the wife's equitable interest in the house, owned and occupied by her and her husband at the time the mortgages were taken out. Since then the husband had left her, was she entitled to stay in the house even though it wasn't registered in her name? The legal issue that arises in the Tizard2 case is whether the land charge registered by the plaintiff (Kingsnorth Finance) "was subject to or could override the equitable interest, if any, of the wife" (Kingsnorth Finance v Tizard [1986] 1 WLR 783). Another issue was whether the wife was in actual occupation of the property, as the surveyor had noted that there was occupation by the husband and the children and the husband told the surveyor that his wife "had left many months ago" (Kingsnorth Finance v Tizard [1986] 1 WLR 783)."
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