We donot know the nature of it, nor the merits. In addition the Master ofthe Rolls was prepared to hold that the protection of the Act was notavailable in a case of fraud meaning thereby " any dishonest dealing doneso as to deprive unwary innocents of their rightful dues" The respondents,however, did not seek to support this except to the extent that they reliedupon lack of good faith on the part of Evelyne. A number of issues arosewhich are no longer relevant. Secondly that section 93 of the Act was clear in its terms,should be applied according to its plain meaning, and should not beweakened by infusion of equitable doctrines applied by the courts duringthe 19th century. Under s.13 Land Charges Act 1925 a land charge is void unless registered against a purchaser of the land charged provided the purchase is ‘for money or money’s worth’. For the purchaser or mortgagee to take the legal estate free from the equitable interest, they must not have notice (knowledge) of the interest. This appeal relates to a 300-acre farm in Lincolnshire called " GravelHill Farm ". 231, 256; Oliver v. Hinton [1899] 2 Ch. Theplace of Geoffrey is taken by the present respondents as his executors; thatof Evelyne by the appellant, as her sole surviving executor; the place ofWalter was taken by Beryl Rosalie Kemp as his executrix, but her defencewas struck out by order dated 7th October 1975. MIDLAND BANK TRUST CO LTD v. GREEN [1981] AC 513. Through the default of the P's solicitors the option was not registered as a Class C (iv) estate contract. As such, we cannot control, endorse or guarantee any aspect of the use of the linked site, and we assume no responsibility for such use. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Midland Bank Trust Co Ltd v Green (No 1) UKHL 7 (11 December 1980) This case document summarizes the facts and decision in Midland Bank Trust Co. Ltd v Green … In order toaffect a purchaser for value of a legal estate with some equity or equitableinterest, equity fastened upon his conscience and the composite expressionwas used to epitomise the circumstances in which equity would or ratherwould not do so. This conclusion makes it unnecessary to determine whether £500 is anominal sum of money or not. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. The case is plain: theAct is clear and definite. But I think, with genuine respect for an interestingargument, that such solution as there is of the problem under considerationmust be sought in the terms of the various Acts of 1925 themselves. The trial took place before Oliver J. in 1977. 7 Ch. UNREGISTERED OPTION – ESTATE CONTRACT – LAND CHARGES – UNREGISTERED CONVEYANCING. In-house law team. (ii) That Walter's estate had no answer to a claim for damages,and that an enquiry as to damages must be made. Intended as it was to provide a simple andunderstandable system for the protection of title to land, it should not beread down or glossed: to do so would destroy the usefulness of the Act.Any temptation to remould the Act to meet the facts of the present case,on the supposition that it is a hard one and that justice requires it, is,for me at least, removed by the consideration that the Act itself providesa simple and effective protection for persons hi Geoffrey's position—viz.—by registration. Take a look at some weird laws from around the world! The word " purchaser ", by definition(section 20(8)), means one who provides valuable consideration—a termof art which precludes any enquiry as to adequacy. In 1967 there appears to have been some family disagreement. No pigs though, and not even a griffin-shaped version of the piggybank. What then do we find inthe Land Charges Act 1925? Suppose—and this maynot be far from the truth—that the purchaser's motives were in part to takethe farm from Geoffrey, and in part to distribute it between Geoffrey andhis brothers and sisters, but not at all to obtain any benefit for herself, isthis acting in "good faith" or not? Company Registration No: 4964706. Sofar as concerns the Land Charges Act 1925, the definition of " purchaser "quoted above does not mention " good faith " at all. " Registered Data Controller No: Z1821391. CITATION CODES. does indeed contain a passage whichappears to favour application of the principle of Le Neve v. Le Neve, andto make a distinction between a transaction designed to obtain anadvantage, and one designed to defeat a prior (unregistered) interest. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 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