No Overriding interest!!
Does the claimant have a proprietary interest? N
Y
Are they in actual occupation? [use the case law to establish this] N
Y
Did the claimant unreasonably
Did the purchaser make inquiry of the claimant before the disposition? Y fail to disclose their interest?
N
Y N
Would the claimants occupation of ben obvious on inspection?
Y N
Claimant has overriding Did purchaser have actual
interest knowledge of claimants
interest at time of disposition?
Y N
Purchaser is bound No overriding interest
Does the claimant have a proprietary interest? N
Y
Are they in actual occupation? [use the case law to establish this] N
Y
Did the claimant unreasonably
Did the purchaser make inquiry of the claimant before the disposition? Y fail to disclose their interest?
N
Y N
Would the claimants occupation of ben obvious on inspection?
Y N
Claimant has overriding Did purchaser have actual
interest knowledge of claimants
interest at time of disposition?
Y N
Purchaser is bound No overriding interest
