Abbey National Building Society V Cann
Abbey National Building Society v Cann Facts George Cann lived with his mother, Daisy, in Island Road, Mitcham. She had contributed to the purchase price, and so George held the house on trust for himself and her, even though it was solely registered in her name. They moved to a smaller house that cost £4000 more in South Lodge Avenue. To buy it they used the proceeds of selling the Island Road home and got a mortgage from the Abbey National. Daisy knew this was necessary. She did not know that George had also taken another mortgage for £25,000. Later he could not repay and Abbey National wished to repossess the property. Daisy, whose new partner was also living there, argued that she had a right to remain in the home, because her equitable proprietary right arose before Abbey National, and this coupled with her actual occupation gave her an overriding interest under LRA 1925 section 70(1)(g) (now LRA 2002 Sch 3). She had started to move in carpets 35 minutes before the charge was