the proposition I have just stated by Russell L. in Hodgson v. Marks. Act 1925 (15 & 16 Geo. Looking above at the case of ER Investments Ltd v High, what type of notice do you think applies in that case? received it, if the agent had performed his duty with due diligence. On the following day the husband accepted the offer. To the contrary is the submission Where in the course of any transaction in which he is employed on his principal's behalf, an Principle: a case which upholds the same principle as Re Buchanan. The agent inspecting the property noted that there was occupation, by the children but he found no signs of occupation by the wife. Examination consideration: We have seen how Kingsnorth Finance represents an instance of notice having been given, and it was constructive notice. stated to be both aged 15. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. the husband was the registered proprietor, the spouses lived together in the matrimonial home and the wife had an equitable The wife contributed 7 [1969] 1 W. 286; (1968) 20 P. & C. 877. such fact, and is taken to have received notice of it from the agent at the time when he should have 487; [1980] 3 W. 138; [1980] 2 All E. 408; (1980) 40 P. & C. When the marriage subsequently disintegrated, the wife ceased full time occupation of the property but returned daily to look after their children and would spend the night on occasion were the husband absent. Equitable rights - these form two of the three ways in which the 1925 Act protected third party rights. Imputed notice . of his duty to look for signs of occupation by anyone else accords with mine. of conferring protection, as an overriding interest, upon rights of that spouse. This emphasises the idea of the first equity in time prevailing over a latter equity. arguments stands out if one considers the case of a man living with a mistress, or of a man and a Principle: This is a case regarding a piece of land purchased by four parties in order to protect their view of the sea. In the case of Lloyds Bank plc v Carrick (1996) 28 H.L.R. inspections as ought reasonably to be made and does not either find the claimant in occupation or find evidence of that The House of Lords held that in each case Held: Kingsnorth Finance took the property subject to the wifes interest. under the paragraph? Kingsnorth Finance v Tizard [1986] 1 WLR 783 Case summary . Notably, Morritt LJ said that if the land were registered, the outcome of the case would have been entirely opposite. possession and occupation of the property accords with the title offered? document which gives only one alternative to