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Overreaching after Boland

Published online by Cambridge University Press:  02 January 2018

M. P. Thompson*
Affiliation:
University of Leicester

Extract

In William & Glyn's Bank v Boland Mr Boland, the sole resgistered proprietor of a house, mortgaged it to a bank. On his inability to meet the repayments, the bank sought possession as a prelude to the exercise of its power of sale. The action of possession failed because Mrs Boland successfully claimed an overriding interest in the property. This claim was founded on her having substantially contributed to the purchase of the house, thereby obtaining an interest in it. This interest was enforceable against the bank because she was in actual occupation of the land at the time it acquired its interest with the result that, because of section 70(1)(g) of the Land Registration Act 1925, she had an overriding interest in the land.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 1986

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