Question
1) I n 2001, Steve and Anthea purchased a home to live in, 14 Lisieux Close. Anthea's mother, Maybelle, contributed 50,000 towards the purchase price.
1) In 2001, Steve and Anthea purchased a home to live in, 14 Lisieux Close. Anthea's mother, Maybelle, contributed 50,000 towards the purchase price. This was not formally recorded. Steve and Anthea were registered in the Land Registry as registered proprietors of the property, which is freehold. There were no entries relating to third party rights in either the Proprietorship Register nor the Charges Register.
In 2020, Anthea died.
Now Steve has sold the property to Bartholomew, who is now registered as the registered proprietor.
Maybelle has come to see a solicitor as she has not been paid the 50,000 she contributed on the sale.
Which of the following statements is most correct based on the circumstances above?
a.Maybelle is entitled to the recovery of the money from Bartholomew as the new owner of the house
b.Maybelle is entitled to the recovery of the money from Steve as her interest was overreached
c.Maybelle is entitled to the recovery of the money from Bartholomew as she has an overriding interest and he failed to make enquiry
d.Maybelle may be entitled to claim the money from Steve in his capacity as trustee
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