National Provincial Bank v Ainsworth Lord Hodson

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Lord Guest agreed
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Resource summary

National Provincial Bank v Ainsworth Lord Hodson
1 Issue
1.1 Whether wife entitled to overriding interest under LRA 1925 S70(1)(G)
2 Obiter Dicta
2.1 Matrimonial relation on real property rights
2.1.1 No proprietary rights by virtue of being wife
2.2 Licence?
2.2.1 does not need licence from husband to be where she has a right to be as a wife
2.3 Uncertain if wife's right was affecting land
2.3.1 duration of right would be discretionary
2.3.1.1 No principle to guide the courts in exercise of discretion
2.4 Equity

Annotations:

  • may not be past the age of child bearing but an infant of the kind suggested would lack form or shape.
3 Reasoning
3.1 No reason why the wife's personal right against husband arising from marriage should enter field of real property
3.2 husband in deserting wife did not confer right tot property
3.3 Not an overriding interest
3.3.1 Adopted Russell L.J.
3.3.1.1 S70 deals with rights in reference to land

Annotations:

  • which have the quality of being capable of enduring through different ownerships of land, according to normal conceptions of title to real property
3.4 However the wife is in actual occupation of the land
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