Abbey National Building Society v Cann (1991) established that a lender's interest in a property takes precedence over any equitable interests arising at the same time as the mortgage. This case clarified priority rights, reinforcing lenders' security against borrowers' pre-existing claims.
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🏛️ Court: House of Lords 🗓️ Judgment Date: 29 March 1990 🗂️ Where Reported: [1991] 1 A.C. 56; [1990] 2 W.L.R. 832; [1990] 1 All E.R. 1085 📍 Jurisdiction: United Kingdom
Priority of Competing Interests: The case established that a lender's legal interest takes precedence over any equitable interests arising simultaneously, ensuring the lender's security right over the property.
