Flashcards in 1925 Legislation Deck (5)
City of London Building Society v Flegg 1988
Key Words: Overreaching
Facts: Is actual occupation an overriding interest prohibiting overreaching?
Ratio: Cannot overreach AO - Act shall not prejudice persons in possession + 2 trustee rule
70(2) LRA 1925
When bank provided the mortgage to A & B it was, in effect, paying money to them for the value of the house as two trustees.
Key Words: 1925 legislation and AO
Facts: Mrs not registered as owner but contributed to the purchase price. Mr defaulted on mortgage
Ratio: Mrs had overriding interest
Obiter: Would the better legal position be to make actual occupation a registrable instead of an overriding interest?
2: Conveyances overreaching certain equitable interests - regardless of notice
27: Two or more trustee rule
LRA 1925 (Repealed)
20: Effect of Registration
74: Notice of trust not to affect registered dealing