Court Court of Appeal | Citation(s) [2010] EWCA Civ 424 | |
Link Lending Ltd v Bustard [2010] EWCA Civ 424 is an English land law case, concerning land registration and actual occupation. An intention to return home can count as actual occupation, despite a person not being present.
Contents
Facts
Through fraud, Mrs Hussein took advantage of Ms Susan Bustard’s mental handicap and got her to transfer her the house, 12 Cradley Drive, Brookfield, Middlesbrough. Bustard was sectioned in 2007 and put in hospital. Hussein took out a loan and then defaulted, and the bank claimed possession, arguing she had not been there for over a year. Bustard argued that she was in actual occupation under LRA 2002 Sch 3, para 2.
The Judge refused appeal, but granted by Carnworth LJ on grounds that it raised issues of general importance.
Judgment
Mummery LJ held that the judge was entitled to come to the conclusion he did on the facts, and that it could not be overturned. She was indeed in actual occupation because of her persistent intention to return home, evidenced by regular visits to the property.