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Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

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

Canadian Imperial Bank of Commerce v Bello and Others: CA 22 Jan 1992

Occupation of property taken up ‘until works paid for’ was sufficiently certain to create a tenancy, despite the absence of a certain term. It would be clear when it was to come to an end. Accordingly the tenant had locus as against the mortgagee in possession proceedings. Citations: Gazette 22-Jan-1992 Statutes: Land Registration Act 1925 … Continue reading Canadian Imperial Bank of Commerce v Bello and Others: CA 22 Jan 1992

City of London Building Society v Flegg And Another: HL 14 May 1987

A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing further charges. Held: The fact of occupation did not add to the parents’ rights as equitable … Continue reading City of London Building Society v Flegg And Another: HL 14 May 1987

Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: ChD 2 Nov 1993

A section 38 agreement was an overriding interest, and created a public right which was binding on purchaser. Citations: Times 02-Nov-1993 Statutes: Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another CA 21-Apr-1995 Grant of s38 rights in a Highways … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: ChD 2 Nov 1993

Habermann v Koehler and Another (No 2): CA 22 Nov 2000

A house owner allowed occupiers in and gave a informal option for them to buy it. He later charged it and sold the property to the chargee in satisfaction of the debt. Before buying it the mortgagee enquired of the occupiers as to whether they intended to purchase the property, and their reply did not … Continue reading Habermann v Koehler and Another (No 2): CA 22 Nov 2000

Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995

Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest. Citations: Ind Summary 12-Jun-1995, Times 21-Apr-1995 Statutes: Highways Act 1980 38(3)(b), Land Registration Act 1925 70(1)(a) Jurisdiction: England and Wales Citing: Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd … Continue reading Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another: CA 21 Apr 1995

D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998

The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998

Abbey National Building Society v Cann: HL 29 Mar 1990

Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered. … Continue reading Abbey National Building Society v Cann: HL 29 Mar 1990

National Provincial Bank Ltd v Hastings Car Mart Ltd: ChD 27 Mar 1963

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

Paddington Building Society v Mendelsohn: 1985

(Bristol County Court) The relevant date for identifying occupation for section 70 was the date of execution of the building society’s charge. On appeal the case was decided on a different point. Judges: Judge McCarraher Citations: (1985) 50 P and CR 244 Statutes: Land Registration Act 1925 70(1)(g) Jurisdiction: England and Wales Cited by: Cited … Continue reading Paddington Building Society v Mendelsohn: 1985

National Provincial Bank v Ainsworth: HL 13 May 1965

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

Lloyds Bank plc v Rosset: CA 13 May 1988

Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988

Strand Securities Ltd v Caswell: CA 2 Feb 1965

The leaving of furniture in a flat or having a key to the flat or making occasional use of it was not enough to constitute actual occupation. Where A permits B to occupy land on B’s own behalf by way of gratuitous licence, A’s capacity as licensor will not by itself entitle him to claim … Continue reading Strand Securities Ltd v Caswell: CA 2 Feb 1965

National Provincial Bank Ltd v Hastings Car Mart Ltd: CA 1964

The purpose and effect of section 70(1)(g) of the Land Registration Act 1925 was to make applicable to registered land the same rule as previously had been held to apply to unregistered land. (Russell LJ, Dissenting) ‘Nor should the mind be in any way distracted by the fact that the owner of the rights under … Continue reading National Provincial Bank Ltd v Hastings Car Mart Ltd: CA 1964

London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd: ChD 1971

Brightman J [1971] Ch 499 Land Registration Act 1925 70(1)(g) England and Wales Citing: Approved – Re Birmingham, deceased; Savage v Stannard 1957 An unpaid vendor’s lien arises the moment the contract is entered into. It is discharged on completion to the extent that the purchase money is paid. . . Cited by: Cited – … Continue reading London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd: ChD 1971

Celsteel Ltd v Alton House Holdings Ltd: ChD 1985

An equitable easement (a right of way), which was not protected by any entry on the register, was a right openly exercised and enjoyed as appurtenant, in this case to a garage, and it adversely affected registered land as an overriding interest. The court generally considered the availability of a remedy for infringement of a … Continue reading Celsteel Ltd v Alton House Holdings Ltd: ChD 1985

Lloyds Bank plc v Rosset: HL 29 Mar 1990

The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990

Conway, Conway v Shelton, Shelton (Rectification or Setting Aside of Documents : Grounds for Rectification): LRA 8 Dec 2014

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

Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002

The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002

National Provincial Bank Limited v Ainsworth: HL 1965

The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding interest. A purchaser of land and in particular a reversion to a lease, will … Continue reading National Provincial Bank Limited v Ainsworth: HL 1965