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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Alan Lewis Lockley (2) Jill Lockley v (1) Desideria Zumbe (2) Albert Zumbe (Charges and charging orders : Priority) [2018] UKFTT 317 (PC) (16 April 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/2016_0662.html
Cite as: [2018] UKFTT 317 (PC)
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(1) Alan Lewis Lockley (2) Jill Lockley v (1) Desideria Zumbe (2) Albert Zumbe (Charges and charging orders : Priority) /Judgments/j1031/REF-2016-0662.pdf (16 April 2018)
Applicants sought a restriction to protect their charging order on property which at the date of the order had been registered as Mr Zumbe-™s but which had been transferred to Mrs Zumbe before the application for a restriction was made. Mr Zumbe claimed to have no beneficial interest in the property, on the basis that in December 2012 he had executed a declaration of trust transferring his interest to his wife. I found that that document was not created until after the transfer to Mrs Zumbe. The transfer was expressed to be made for no consideration; priority is therefore governed by section 28 rather than s 29 of the LRA 2002; she took the land subject to the Applicants-™ interest under the charging order, which charged Mr Zumbe-™s interest when it was made. The Registrar was directed to respond to the application as if the objection had not been made.
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