In re Nisbett and Potts Contract: CA 1906

The purchaser had agreed to accept a possessory title less than the statutory minimum of 40 years.
Held: Even though he or she extinguishes the estate of the paper owner, a squatter takes subject to the incumbrances on the estate that are not barred by his or her adverse possession. He had constructive knowledge of all equitable interests he would have known of if he had insisted on a full title, and therefore he took subject to any restrictive covenants which would have been revealed by a full 40 year deduction of title. The appeal failed.
[1906] 1 Ch 386
England and Wales
Appeal fromIn re Nisbet and Potts’ Contract 1905
Where a party asserted he was a purchaser in good faith without notice and for value, the burden of proving all the elements of the defence is upon the purchaser. A title acquired by adverse possession was not paramount to, and did not destroy the . .

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Updated: 21 September 2021; Ref: scu.219185