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Abbey National Building Society v Cann
''Abbey National Building Society v Cann'' () is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest.
==Facts==
George Cann lived with his mother, Daisy, in Island Road, Mitcham in London. She had contributed to the purchase price of the home, and so George held the house on trust for himself and her, even though it was solely registered in his 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 completed. Abbey National argued that when the house was bought with its loan, her right could not arise before.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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