Williams & Glyn's Bank v Boland Lord Wilberforce

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1981 Viscount Dilhorne, Lord Salmon, Lord Roskill agree

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Williams & Glyn's Bank v Boland Lord Wilberforce
1 Rules
1.1 Land Registration Act 1925
1.1.1 Only legal estates registered
1.1.2 Other interests take effect in equity as "minor" interests which are overridden by registered transfers
1.1.2.1 exception in S70 (1)(g) overriding interests
1.1.2.1.1 These interests are not registered legal dispositions. They take effect subject to them
1.1.2.1.2 Questions arising
1.1.2.1.2.1 According to this provision, is the wife in actual occupation?
1.1.2.1.2.1.1 "Actual occupation"?
1.1.2.1.2.1.1.1 Occupation means presence on the land
1.1.2.1.2.1.1.2 Actual emphasises physical presence not some entitlement in law
1.1.2.1.2.1.2 Yes the wife was in actual occupation
1.1.2.1.2.1.3 No arguments
1.1.2.1.2.1.3.1 If seller is in occupation it prevents application of exception
1.1.2.1.2.1.3.2 Wife's occupation was nothing but the shadow of the husband's (doctrine of unity)
1.1.2.1.2.1.3.2.1 Caunce and Bird
1.1.2.1.2.2 Is the right as tenant in common in equity protected by this provision/is it an overriding interest?
1.1.2.1.2.2.1 Yes interest qualifies as actual occupation so it should be an overriding interest
1.1.2.1.2.2.1.1 Difference between a minor and overriding interest is actual occupation
1.1.2.2 So the bank would be free from the wife's interest if it was a minor interest
2 The issue
2.1 Does the legal and registered mortgage have priority over the wife's beneficial interest?
2.2 Irrelevant
2.2.1 Matrimonial law
2.2.2 Rights of women
2.2.3 Rights of married women
2.3 Essential facts
2.3.1 Bank made no enquiries of wife
2.3.2 Husband mortgaged the house by legal mortgage
2.3.3 House was registered under husband
2.3.4 Wife contributed to purchase of house which made her equitable tenant in common to the extent of her contribution
3 Obiter Dita
3.1 System of land registration
3.1.1 Designed to simplify and cheapen conveyancing
3.1.1.1 Free purchaser from real or constructive notice
3.2 Law of Property Act 1925 limits (not prevents) the effect of doctrine of notice
3.3 Land Registration Act 1925
3.3.1 allows purchaser to take free from equitable interest via "minor interests"
3.3.1.1 Exceptions in section 70
3.3.1.1.1 Registerd land is subject to these exceptions
3.3.1.1.1.1 No application of actual or constructive notice
3.4 Law of notice may effect unregistered land
3.4.1 S199 Law of Property Act 1925
3.4.2 S3 Conveyancing Act 1882
3.5 National Provincial Bank
3.5.1 Land Registration Act 1925 S70 (1)(g)
3.5.1.1 Agree that purpose and effect in relation to rights connected to occultation was to apply same rule to registered and unregistered land
3.6 LRA 1925 S70 (1)(g)
3.6.1 Purpose is to safeguards the rights of persons in occupation
3.6.2 Unregistered land
3.6.2.1 Purchaser's obligations depends on what they have notice of (actual/constructive)
3.6.3 Registered land
3.6.3.1 Actual occupation and occupier has rights means purchaser is subject to them
3.7 Caunce v Caunce
3.7.1 Agree with Russell LJ disapproval in unregistered land that presence of seller excludes the possibility of occupation by others
3.8 Cedar Holding v Green wrongly decided
3.9 Conveying consequences of dismissing appeal
3.9.1 It would overlook widespread development of shared ownership

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