The third part discusses the concept of notice within the context of unregistered land. inspections as ought reasonably to be made and does not either find the claimant in occupation or find evidence of that been made,= the words in the Law of Property Act 1925, section 199 , which I have already read. had moved out many months ago and was living with someone else close by. Mrs Tizard had contributed to it although it was in Mr Tizard's name. as the case may be, or a widow or widower, or a person whose marriage has been dissolved. Make sure you highlight the relevant sections in the Law of Property Act 1925 in your statute exam book. 2023 Digestible Notes All Rights Reserved. Given KF had failed to take these steps, it was fixed with constructive notice of Ws equitable interest. The marriage broke down and Mrs Tizard moved out but returned each day to look after their twin children and would stay the night if her husband was away. The concept of security of title (meaning, if you have title to property, you have a reasonable expectation it cannot be interfered with without your consent) is arguably strengthened if the original occupant is favoured over a later innocent purchaser. of the second part was secured by a charge by way of legal mortgage of the dwelling-house and land known as Willowdown, Principle: the purpose of a matrimonial home can no longer be carried out once the marriage breaks down, provided there are no children. A. 623 per Nourse LJ). Kingsnorth Finance v Tizard [1986] 1 WLR 783 Mr Tizard was the sole registered proprietor of the matrimonial home in which his wife had a beneficial interest. Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 Case summary last updated at 09/01/2020 19:48 by the Oxbridge Notes in-house law team . 15 In that case the occupation of the wife may have been rightly taken to The appellant's main and final position became in the end And this remains the case even if the purchaser knew about the unprotected interest (Midland Bank Trust Co Ltd v Green (No. occupation of others. (2) That, since the inquiries made by the surveyor, on his visit to the house, did not amount to