Scott v Southern Pacific Mortgages Ltd

Promises made by a purchaser to a vendor before completion were only personal rights until the purchase was completed, so they could not bind a lender whose charge was created at the same time.

Citation
[2014] UKSC 52, [2015] AC 385
Court
Supreme Court
Year
2014
Subject
Land Law
Topic
Registered and unregistered land

Facts

Mrs Scott was one of many homeowners who sold their homes to investors under sale and leaseback schemes, on the promise that they could remain in their homes as tenants for life or for a long period. The purchasers financed the purchases with mortgages from lenders such as Southern Pacific, who did not know of the promises and lent on the basis that the properties would be let on short tenancies. The purchasers defaulted, and the lenders sought possession. Mrs Scott argued that her rights bound the lender because she was in actual occupation.

Legal principle

The Supreme Court held that the lender took priority. Lord Collins said that, before completion, the purchaser had no interest in the property, so the promises made to Mrs Scott gave her only personal rights against the purchaser, which could not bind the lender. The purchaser acquired the legal estate and granted the charge at the same moment, applying Abbey National v Cann, so Mrs Scott's equitable rights, which could only be fed by the purchaser's acquisition, took effect subject to the charge. Lady Hale expressed sympathy for the vulnerable vendors.

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