Thompson v Foy [2009] EWHC 1076 (Ch) (20 May 2009) is an English land law case concerning the right of a person with an overriding interest in a home and deals with a family arrangement for a house to be a gift transferring from a mother to a daughter and the trust between the two parties that the daughter would pay the mother her sum to buy out her share of the property.

"In conjoined actions, the court was required to determine issues concerning ownership and beneficial interest in a property, and priority over a registered charge.

F then applied for a buy-to-let mortgage from a company (X) which was the claimant in the second action, wrongly stating that she owned the property at that time.

Whether a transaction had been brought about by undue influence was a question of fact, Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44, [2002] 2 AC 773 applied.

(3) Even if, contrary to that finding, T had been entitled to set aside the transaction on the ground of undue influence, that would not have affected the registered estate at the date of the charge in favour of X because the claim based on undue influence would not crystallise until F's misappropriation of the mortgage moneys and the equity would not arise until that time.

Paragraph 2 of Schedule 3 begins with the words: "An interest belonging at the time of the disposition to a person in actual occupation".