Lloyds Bank Ltd v Rosset and Rosset
Lloyds Bank Ltd v Rosset and Rosset
- 1988
- New Law Journal 138(6358) 27 May 1988, 149-150(2) .
CA 13 May 1988. When a wife claims that she has a beneficial interest in a house registered in her husband`s name and that her interest has priority over the rights of a mortgagee under a legal charge executed without her knowledge, then in order to claim the protection afforded to overriding interests by Land Registration Act 1925 s70(1)(g) , the wife must have been in actual occupation of the house when the charge was executed as distinct from being in occupation when the charge was registered.
CA 13 May 1988. When a wife claims that she has a beneficial interest in a house registered in her husband`s name and that her interest has priority over the rights of a mortgagee under a legal charge executed without her knowledge, then in order to claim the protection afforded to overriding interests by Land Registration Act 1925 s70(1)(g) , the wife must have been in actual occupation of the house when the charge was executed as distinct from being in occupation when the charge was registered.