Lloyd’s Bank Plc v Rosset

Subject Matter

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, ss 20(1), 70(1)(g)

[1989] Ch 350; [1991] 1 AC 107; [1988] 3 WLR 1301; [1990] 2 WLR 867

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

[1991] 1 AC 107; [1990] 2 WLR 867

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 to overriding interest having priority over bank's charge — Common intention that wife 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, ss 20(1), 70(1)(g)

[1989] Ch 350; [1991] 1 AC 107; [1988] 3 WLR 1301; [1990] 2 WLR 867

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

[1989] Ch 350; [1991] 1 AC 107; [1988] 3 WLR 1301; [1990] 2 WLR 867

Appellate History

Commentary

Blackstones Civil Practice 2023
Issues and Possible Defences - Overriding interests 87.36