Williams & Glyn's Bank v Boland Lord Scarman

harrishyatt
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1981
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Williams & Glyn's Bank v Boland Lord Scarman
1 Obiter dicta
1.1 Decision not restricted to impact on conveyancing and banking practice
1.1.1 Social implications
1.1.1.1 If wives win protection of beneficial interest which wives have in matrimonial home strengthened
1.2 An English lawyer ignores history at his peril
1.3 Caunce v Caunce
1.3.1 Dealt with unregistered land
1.3.2 Issue was when occupation constitutes constructive notice to the purchaser of the rights of the occupier
1.3.3 Not certain correctly decided
2 Material facts
2.1 Wife has beneficial interest
2.2 Wife is equitable tenant in common
2.3 Husband sole trustee of legal estate
2.4 Wife living at all material times with husband
3 Rules
3.1 LRA 1925 S70(1)(g)
3.1.1 Wife has overriding interest
3.1.1.1 wife has actual occupation
3.1.1.2 enjoyed right such as right to occupation
3.1.1.2.1 right to occupation is an interest subsisting in reference to registered land
3.1.1.3 Bank made no enquiry of wife
3.1.2 right of occupation alone is a minor interest
3.1.3 Right of occupation + actual occupation = overriding interest
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