The applicant had set out to purchase a property, paying by instalments over several years. Part way through he secured a transfer of the property, and gave a charge to the lender. Later he defaulted on payments to the lender. In the meantime, a compulsory purchase order was made, and the question arose as to whether the applicant had had a sufficient degree of occupation to qualify for compensation. The Lands Tribunal found he had not a sufficient interest on the basis of his defaulting under the mortgage. The claimant’s appeal was successful. The tribunal had erred in giving weight to the defaults, and not allowing for the fact of his occupation, and the history of payments made before the compulsory purchase order.
Citations:
Gazette 05-Jul-2001, [2001] EWCA Civ 1107, [2002] RVR 11
Links:
Statutes:
Jurisdiction:
England and Wales
Land
Updated: 25 October 2022; Ref: scu.80477
