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2135437
Williams & Glyn's Bank v Boland Lord Wilberforce
Descrição
1981 Viscount Dilhorne, Lord Salmon, Lord Roskill agree
Sem etiquetas
law
land law
registration
undergraduate
Mapa Mental por
harrishyatt
, atualizado more than 1 year ago
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Criado por
harrishyatt
mais de 9 anos atrás
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Resumo de Recurso
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
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
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
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
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