Kingsnorth Finance v
Tizard [1986] 1 WLR 783
Mr Tizard was the sole registered proprietor of
the matrimonial home in which his wife had a beneficial interest. The marriage
broke down and Mrs Tizard moved out but returned each day to look after their
twin children and would stay the night if her husband was away. Mr Tizard
mortgaged the property. On his application for the loan he stated that he was
single. He arranged for the inspection to take place on a Sunday when he knew
his wife and children would be out. The agent inspecting the property noted that
there was occupation by the children but he found no signs of occupation by the
wife. Mr Tizard had said that she had moved out many months ago and was living
with someone else close by.
Held:
Kingsnorth Finance took the property subject to
the wife’s interest. The discrepancy between what Mr Tizard had stated on his
application form and what the agent found when he inspected the property put the
lenders on notice. The lender had failed to take reasonable steps to avoid being
fixed with constructive notice. The inspection was inadequate since it was at a
pre-arranged time.
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