The wife claimed that the husband had forged the mortgage document. The Society said that she had allowed them to believe that she had consented to the charge. Slade LJ set out the principle: ‘in a case where A, the holder of the legal estate in land, has executed a mortgage of the land in favour of B, and C, who claims an interest in the land, has so conducted himself as to give B reasonable grounds for believing that C is consenting to the creation by A of a charge over the land in favour of B which will have priority to C’s interest, then C will be estopped from asserting that his interest has priority to B’s charge.’
Judges:
Slade LJ
Citations:
(1993) 66 P and CR 223
Statutes:
Law of Property Act 1925 149(6)
Jurisdiction:
England and Wales
Cited by:
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Estoppel
Updated: 08 May 2022; Ref: scu.448480