This website uses cookies to ensure you get the best experience on our website. Learn more

Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case Kingsnorth Finance Co Ltd v Tizard

Table Of Contents

  • Plaintiff had an equitable interest in a house, which her husband mortgaged to Defendant without telling her.

  • Issue was whether Defendant bought its rights subject to those of Plaintiff.

  • Court held that the bank had constructive notice of Plaintiff’s interest and therefore bought subject to it. 

Judge John Finlay Q.C

  • Defendant ought to have made further checks than they in fact did to establish whether there were other interests in the property.

  • They failed to discharge this duty to make reasonable inquiries and therefore were put on constructive notice of Plaintiff’s interest. 

Any comments or edits about this case? Get in touch

For Further Study on Kingsnorth Finance Co Ltd v Tizard

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Claim every advantage to get a first in law
Land Law Notes
987 total pages
1289 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...