Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
The plaintiff had and exercised a right of pre-emption entitling him to take a long lease of a garage. He was at the time also licensee of the garage. Held: The use of the garage amounted to actual occupation, thereby protecting the right as an overriding interest as regards the garage. His right was protected … Continue reading Kling v Keston Properties Ltd: ChD 1985
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
Issues – rectification of a transfer made in 1992 – whether there was a mutual mistake as at the date of the transfer – whether the equity of rectification bound subsequent purchasers – whether the previous purchasers were in ‘actual occupation’ pursuant to section 70(1)(g) of the Land Registration Act 1925 – whether the Tribunal … Continue reading Conway, Conway v Shelton, Shelton (Rectification or Setting Aside of Documents : Grounds for Rectification): LRA 8 Dec 2014
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold … Continue reading Hodgson v Marks: CA 12 Mar 1971
Cross J set out the nature of overriding interests: ‘Overriding interests are, speaking generally, matters which are not usually shown on title deeds or mentioned in abstracts of title and as to which, in consequence, it is not possible to form a trustworthy record on the register. As to such matters, persons dealing with registered … Continue reading National Provincial Bank Ltd v Hastings Car Mart Ltd: ChD 27 Mar 1963
The respondent stayed on in the family home owned by her husband after he had left, and resisted a possession order sought by the chargee. The husband had charged the house as security for his business debts.Lord Wilberforce described the common law characteristics of property, saying: ‘Before a right or an interest can be admitted … Continue reading National Provincial Bank v Ainsworth: HL 13 May 1965
An overriding interest, namely an estate contract, was protected under s. 70(1) of the Act even though it could have been protected by a caution under s. 59. Harman J [1957] Ch 475 Land Registration Act 1925 70(1)(g) England and Wales Cited by: Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998 A person in … Continue reading Bridges v Mees: ChD 1957