The Weekly Law Reports
[1988] 3 WLR 1301
[COURT OF APPEAL]
LLOYDS BANK PLC. v. ROSSET AND ANOTHER
1988 Feb. 22,
23,
24,
26,
29;
May 13
May 13
Purchas, Mustill and Nicholls L.JJ.
Land Registration
— Overriding interest
— “Actual occupation”
— Property purchased as matrimonial home
— Bank charge executed on same date as legal estate transferred to borrower
— Registration of transfer and bank charge at later date
— Borrower's wife in actual occupation
— Bank's claim for possession
— Whether actual occupation to be at date when charge executed or its registration
—
Land Registration Act 1925 (15 & 16 Geo. 5, c. 21), ss. 20(1)(a)(b), 70(1)(g)
Land Registration
— Overriding interest
— “Actual occupation”
— Matrimonial home
— Semi-derelict property purchased with trust moneys
— Trustees' insistence that husband registered as sole proprietor
— Common intention for wife to have beneficial interest
— Builders engaged by husband and wife to carry out renovation work before transfer
— Wife undertaking extensive decoration work daily
— Bank loan obtained by husband without wife's knowledge to pay for work and part of purchase price
— Whether semi-derelict property capable of actual occupation
— Whether wife in actual occupation prior to completion
— Whether wife's equitable interest having priority over bank's legal charge