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Flashcards in 1925 Legislation Deck (5)
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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.


Boland 1981

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?


LPA 1925

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LRA 1925 (Repealed)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


LRA 2002

28: Interest not affected by disposition

29: Effect of registered disposition - postponing interest