Williams & Glyn's Bank v Boland Lord Wilberforce

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