Money was raised on mortgage of registered land and paid to a single trustee holding the land on trust for sale, and it was held that the rights of beneficiaries who were in occupation and of whom no enquiries had been made were not mere minor interests but overriding interests within s.70(1)(g) and so binding on the mortgagee.
Ormrod LJ said that a person may be in occupation through another.
Ormrod LJ
[1979] Ch 312
England and Wales
Cited by:
Appeal From – 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 . .
Cited – State of India v Sood and Others CA 30-Oct-1996
Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge. . .
Cited – Bhullar and Another v McArdle CA 10-Apr-2001
The defendant had registered a caution against the claimant’s land at the Land Registry. The claimant sought its removal and now appealed an order for rectification of the register against him. The parties had reached oral agreements as to the . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 27 January 2022; Ref: scu.238938