1925 Legislation

Question 1

City of London Building Society v Flegg 1988

Answer 1

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.

Question 2

Boland 1981

Answer 2

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?


Question 3

LPA 1925

Answer 3

2: Conveyances overreaching certain equitable interests - regardless of notice
27: Two or more trustee rule

Question 4

LRA 1925 (Repealed)

Answer 4

20: Effect of Registration
74: Notice of trust not to affect registered dealing

Question 5

LRA 2002

Answer 5

28: Interest not affected by disposition
29: Effect of registered disposition - postponing interest