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Williams & Glyn's Bank v Boland Lord Wilberforce

harrishyatt Land Law undergraduate Englisch

Inhalt der Mindmap

Williams & Glyn's Bank v Boland Lord Wilberforce

  1. Rules

    • Land Registration Act 1925
      • Only legal estates registered
      • Other interests take effect in equity as "minor" interests which are overridden by registered transfers
        • exception in S70 (1)(g) overriding interests
          • These interests are not registered legal dispositions. They take effect subject to them
          • Questions arising
            • According to this provision, is the wife in actual occupation?
              • "Actual occupation"?
                • Occupation means presence on the land
                • Actual emphasises physical presence not some entitlement in law
              • Yes the wife was in actual occupation
              • No arguments
                • If seller is in occupation it prevents application of exception
                • Wife's occupation was nothing but the shadow of the husband's (doctrine of unity)
                  • Caunce and Bird
            • Is the right as tenant in common in equity protected by this provision/is it an overriding interest?
              • Yes interest qualifies as actual occupation so it should be an overriding interest
                • Difference between a minor and overriding interest is actual occupation
        • So the bank would be free from the wife's interest if it was a minor interest
  2. The issue

    • Does the legal and registered mortgage have priority over the wife's beneficial interest?
    • Irrelevant
      • Matrimonial law
      • Rights of women
      • Rights of married women
    • Essential facts
      • Bank made no enquiries of wife
      • Husband mortgaged the house by legal mortgage
      • House was registered under husband
      • Wife contributed to purchase of house which made her equitable tenant in common to the extent of her contribution
  3. Obiter Dita

    • System of land registration
      • Designed to simplify and cheapen conveyancing
        • Free purchaser from real or constructive notice
    • Law of Property Act 1925 limits (not prevents) the effect of doctrine of notice
    • Land Registration Act 1925
      • allows purchaser to take free from equitable interest via "minor interests"
        • Exceptions in section 70
          • Registerd land is subject to these exceptions
            • No application of actual or constructive notice
    • Law of notice may effect unregistered land
      • S199 Law of Property Act 1925
      • S3 Conveyancing Act 1882
    • National Provincial Bank
      • Land Registration Act 1925 S70 (1)(g)
        • Agree that purpose and effect in relation to rights connected to occultation was to apply same rule to registered and unregistered land
    • LRA 1925 S70 (1)(g)
      • Purpose is to safeguards the rights of persons in occupation
      • Unregistered land
        • Purchaser's obligations depends on what they have notice of (actual/constructive)
      • Registered land
        • Actual occupation and occupier has rights means purchaser is subject to them
    • Caunce v Caunce
      • Agree with Russell LJ disapproval in unregistered land that presence of seller excludes the possibility of occupation by others
    • Cedar Holding v Green wrongly decided
    • Conveying consequences of dismissing appeal
      • It would overlook widespread development of shared ownership

Informationen

Beschreibung
1981 Viscount Dilhorne, Lord Salmon, Lord Roskill agree
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harrishyatt
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