The Weekly Law Reports
[1990] 2 WLR 867
[HOUSE OF LORDS]
LLOYDS BANK PLC. Appellants and ROSSET AND ANOTHER Respondents
1990 Feb. 12,
13,
14,
15;
March 29
March 29
Lord Bridge of Harwich, Lord Griffiths, Lord Ackner, Lord Oliver of Aylmerton and Lord Jauncey of Tullichettle
Land Registration
— Overriding interest
— “Actual occupation”
— Semi-derelict property purchased by husband as matrimonial home with trust moneys
— Trustee's requirement that husband be registered as sole proprietor
— Bank loan to husband charged on house without wife's knowledge
— Wife undertaking renovation work prior to completion
— Transfer to husband and charge to bank completed on same date
— Registration at later date
— Wife's claim of overriding interest having priority over bank's charge
— Common intention for wife to have beneficial interest in property alleged
— No express agreement
— Whether wife's activities in relation to renovation of property sufficient to justify inference of common intention
— Relevant date for ascertaining whether interest in registered land protected by actual occupation
— Whether date of transfer or creation of legal estate or of registration
—
Land Registration Act 1925 (15 Geo. 5, c. 21), ss. 20(1), 70(1)(g)
Trusts
— Constructive trust
— Joint enterprise
— Property acquired in husband's name as matrimonial home
— Intention that wife have beneficial interest
— No express agreement
— Wife undertaking renovation work
— Whether joint venture or intention to occupy as family home sufficient to indicate intentions relating to beneficial ownership