3 - reg

Question 1

The unprotected right had been mentioned in the contract of sale and a constructive trust was triggered preventing the purchaser taking free from that right

Answer 1

Lyus v Prowsa Developments

Question 2

Beneficial interest of a wife in actual occupation is campable of taking an overriding interest under LRA over effect of legal and registered mortgage.
HoL held yes - actual occupation

Answer 2

Williams and Glyns’ Bank v Boland

Question 3

An equitable easement (right of way) which was not protected by any entry on the register, was a right openly exercised and enjoyed and it adversely affected

Answer 3

Celsteel v Alton House Holdings

Question 4

To have an overriding interest it was necessary to have an interest in the land and be in actual occupation
stepdaughter had no interest in land so she could not be in actual occupation

Answer 4

Strand Securities v Caswell

Question 5

Actual Occupation interpreted using ordinary words. Says who?

Answer 5

Lord Wilberforce

Question 6

H arranged to sell matrimonial home and keep proceeds. She was in hosp giving birth. Court held she was in actual occupation

Answer 6

Chhokar v Chhokar

Question 7

Actual occupation was not established by moving furniture and carpets into new home

Answer 7

Abbey National Building Society v Cann

Question 8

Property in H name - he fell into default. Did W have beneficial interest. No - she made no financial contribution in buying the prop. She only helped with redecorating

Answer 8

Lloyds Bank v Rosset

Question 9

Successful overreaching
Property purchased with money from W parents. Parents had BI. Bank sought repossession - they overreached parents BI and paid money to two trustees (couple)

Answer 9

City of London Building Society v Flegg

Question 10

Unsuccessful overreaching

Bank bound by wife’s BI under trust. only money to one legal owner (H)

Answer 10

Williams & Glyns Bank v Boland