2135437
Descrição
Mapa Mental por harrishyatt, atualizado more than 1 year ago
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Criado por harrishyatt
quase 10 anos atrás
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Williams & Glyn's Bank v Boland Lord Wilberforce
- 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
- Occupation means presence on the land
- 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
- Caunce and Bird
- If seller is in occupation it prevents application of exception
- "Actual occupation"?
- 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
- Difference between a minor and overriding interest is actual occupation
- Yes interest qualifies as actual occupation so it should be an overriding interest
- According to this provision, is the wife in actual occupation?
- These interests are not registered legal dispositions. They take effect subject to them
- So the bank would be free from the wife's interest if it was a minor interest
- exception in S70 (1)(g) overriding interests
- Only legal estates registered
- Land Registration Act 1925
- 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
- Matrimonial law
- 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
- Bank made no enquiries of wife
- Does the legal and registered mortgage have priority over the wife's beneficial interest?
- Obiter Dita
- System of land registration
- Designed to simplify and cheapen conveyancing
- Free purchaser from real or constructive notice
- Free purchaser from real or constructive notice
- Designed to simplify and cheapen conveyancing
- 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
- No application of actual or constructive notice
- Registerd land is subject to these exceptions
- Exceptions in section 70
- allows purchaser to take free from equitable interest via "minor interests"
- Law of notice may effect unregistered land
- S199 Law of Property Act 1925
- S3 Conveyancing Act 1882
- S199 Law of Property Act 1925
- 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
- Agree that purpose and effect in relation to rights connected to occultation was to apply same rule to registered and unregistered land
- Land Registration Act 1925 S70 (1)(g)
- 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)
- 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
- Actual occupation and occupier has rights means purchaser is subject to them
- Purpose is to safeguards the rights of persons in occupation
- Caunce v Caunce
- Agree with Russell LJ disapproval in unregistered land that presence of seller excludes the possibility of occupation by others
- 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
- It would overlook widespread development of shared ownership
- System of land registration
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