Someone recently bought our

students are currently browsing our notes.

X

Hypo-Mortgage Services Ltd v Robinson

[1997] 2 FLR 71

Case summary last updated at 09/01/2020 20:39 by the Oxbridge Notes in-house law team.

Judgement for the case Hypo-Mortgage Services Ltd v Robinson

Bs held a property on trust for them and their infant, P, and mortgaged out the property and, upon P, bank, claiming for possession on grounds that P had an overriding interest. CA denied Bs’ claim, stating that children under 18 couldn’t have “actual occupation” as they are only there as “shadows of their parents”. Young children cannot consent to the arrangement, and to allow children to “actually occupy” with s.70(1)(g) would be abused as a way of stopping mortgagees from ever repossessing.  (Nourse LJ). Seems to move against the idea of “actual occupation” having a literal, not a legal, meaning. 

Have you seen Oxbridge Notes' best Land Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
Land Law Notes

Land Law Notes >>