2143390
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 Scarman
- Obiter dicta
- Decision not restricted to impact on conveyancing and banking practice
- Social implications
- If wives win protection of beneficial interest which wives have in matrimonial home strengthened
- If wives win protection of beneficial interest which wives have in matrimonial home strengthened
- Social implications
- An English lawyer ignores history at his peril
- Caunce v Caunce
- Dealt with unregistered land
- Issue was when occupation constitutes constructive notice to the purchaser of the rights of the occupier
- Not certain correctly decided
- Dealt with unregistered land
- Decision not restricted to impact on conveyancing and banking practice
- Material facts
- Wife has beneficial interest
- Wife is equitable tenant in common
- Husband sole trustee of legal estate
- Wife living at all material times with husband
- Wife has beneficial interest
- Rules
- LRA 1925 S70(1)(g)
- Wife has overriding interest
- wife has actual occupation
- enjoyed right such as right to occupation
- right to occupation is an interest subsisting in reference to registered land
- right to occupation is an interest subsisting in reference to registered land
- Bank made no enquiry of wife
- wife has actual occupation
- right of occupation alone is a minor interest
- Right of occupation + actual occupation = overriding interest
- Wife has overriding interest
- LRA 1925 S70(1)(g)
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