Examination Timing: 00H01M03S
Sandra and Thomas are an unmarried couple who live together in an unregistered freehold house of which Thomas is the legal owner. Although the house is in Thomas' name, the couple share all household bills, including the capital repayments of the mortgage, equally. Their current mortgage deal with BankCo is coming to an end and they decide to remortgage to Happy Mortgages. The grant of the mortgage triggers compulsory first registration. Sandra and Thomas' relationship breaks down and Thomas decides to sell the property to Phil, who has no knowledge of the circumstances. Sandra has not placed a Restriction on the register indicating the presence of her interest, but she has removed her possessions from the house and moved into her own flat. Following completion and the registration of the title in Phil's name at the Land Registry, Sandra claims that her interest overrides the sale to Phil and that he has purchased the property subject to her interest. Which of the following statements best describes the legal position?
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Sandra's interest does not override the transfer to Phil and he takes the property free of her interest. Sandra was no longer in actual occupation of the property when the disposition took place, so she cannot claim an overriding interest. Her interest has not been overreached because the purchase monies were only paid to one trustee, Thomas. According to the Land Registration Act 2002, an interest will only override if the beneficiary is in actual occupation at the time of the sale, which Sandra was not.
Key Point: Under the Land Registration Act 2002, for an interest to override a registered disposition, the beneficiary must be in actual occupation at the time of the sale. If they are not, their interest does not override the registered title, and the purchaser takes the property free of that interest. Additionally, overreaching occurs when the purchase money is paid to at least two trustees.
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