Hunt v Luck [1902] 1 Ch. 428
UNREGISTERED CONVEYANCING – LEASES – CONSTRUCTIVE NOTICE – RECEIPT OF RENTS
Facts
H owned a number of properties which were let out, the rents for which were collected by an agent. These properties were subsequently conveyed to G, who proceeded to take out a series of mortgages. Following the death of H, his personal representatives (C) brought an action challenging the validity of the conveyance to G. When the court at first instance upheld the validity of the deed of conveyance, C brought an appeal, arguing that the defendant mortgagee (D) had constructive notice of the tenancies, and through that, constructive notice of the interest of C as receiver of the rents.
Issues
The Court of Appeal were called upon to consider the nature of constructive notice in the context of unregistered conveyancing. Specifically, the question arose as to whether a purchaser or mortgagee would have constructive notice of a receiver’s interest where the interest of a tenant in occupation would have been discoverable on a reasonably careful inspection.
Decision/Outcome
The Court of Appeal found in favour of D: A purchaser will have constructive notice of any rights reasonably discoverable by inspection of the property, and, in particular, from enquiry of any occupier as to his interests. This does not, however, extend to the rights of a landlord, there being no obligation to enquire as to the existence of interests beyond those of the tenant in occupation. If D had actual knowledge of C’s right to receive the rents, however, would have sufficed to fix D with notice of that right.
Updated 21 March 2026
This article accurately summarises the Court of Appeal decision in Hunt v Luck [1902] 1 Ch 428, which remains good law. The principle that a purchaser has constructive notice of the rights of persons in actual occupation discoverable on reasonable inspection, but is not obliged to enquire further into the rights of a landlord or rent receiver, continues to be recognised in English property law.
It should be noted that Hunt v Luck is a case in unregistered land. In the context of registered land, which now governs the vast majority of land transactions in England and Wales, the equivalent rules are found in the Land Registration Act 2002, particularly Schedule 3, paragraph 2, which deals with the overriding status of interests of persons in actual occupation. The doctrine of constructive notice as discussed in Hunt v Luck does not apply directly to registered land. Students should therefore be careful to note which land registration regime applies when applying this case.
No subsequent legislation or case law has overruled Hunt v Luck in its proper context of unregistered conveyancing, and the case is still routinely cited in that context in academic and professional materials.
