Explain whether Gerald Vaut would need to sign the contract for the sale, and give the reason for your answer.

• A. He does not need to sign because he is not the owner
• B. He may need to sign to release any overriding interest and to vacate on completion
• C. He must sign to confirm the mortgage will be redeemed
• D. He is exempt from signing if his occupation is noted

Answer: (B)

The key idea is that a person who has an overriding interest in the land—often an occupier in actual occupation—can affect the buyer’s title even if they’re not the owner. To pass a clean title and give vacant possession on completion, the seller usually needs the occupier to release that overriding interest and to commit to vacate by completion. If Gerald holds such an interest, he may need to sign a release and confirm he will leave when the sale completes. This protects the buyer from rights that could persist after completion and ensures the property is delivered as vacant. The other options miss this need: simply not being the owner doesn’t rule out an overriding interest; mortgage redemption is a lender issue, not the occupier’s signature, and noting occupation does not create an exemption from providing a release.