Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Owner’s right to deal with property

In Blemain Finance Ltd v Goulding, the court had to determine whose interests prevailed: the registered owner of a property or a trustee in bankruptcy who had been unaware of the property and whose alleged interest in it had never been registered.

On 12 February 2003, G transferred his property to C. On 14 February 2003, G was made bankrupt. C’s title was registered on 20 February 2003. G’s trustee in bankruptcy was appointed in June 2003. C granted a second legal charge to B in July 2007. B later obtained an order for possession against C. G was joined as a party to the proceedings and sought to set the possession order aside on the basis he had been in possession of the property as his sole residence at the time of the transfer to C and continued to so reside…

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