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Lloyds Bank plc and Rosset and another

Language: English Series: Weekly Law Reports ; (1990) 2 WLR 867-879(13)Publication details: 1990Subject(s): Summary: HL 29 March 1990. A husband and wife bought a house with money from the husband`s family trust . The trustees insisted that the property be in the husband`s name only. The husband took out an extra loan from Lloyds Bank (L) to renovate the house and later default ed on repayments. L began proceedings towards repossession . The husband and wife had by then split up. The wife, (R), appealed that she had an overriding interest in the property under Land Registration Act 1925 s20(1) and s70(1)(g) by being in occupation . HL found that the date of transfer of the estate, not of its registration , was the relevant date in determining existence of a claim to overriding interest. The court also considered intention between R and her husband that R should have a beneficial interest in the property and also R`s contribution of time and effort in renovating the property.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS42592 (Browse shelf(Opens below)) 1 Available 37743-1001

HL 29 March 1990. A husband and wife bought a house with money from the husband`s family trust . The trustees insisted that the property be in the husband`s name only. The husband took out an extra loan from Lloyds Bank (L) to renovate the house and later default ed on repayments. L began proceedings towards repossession . The husband and wife had by then split up. The wife, (R), appealed that she had an overriding interest in the property under Land Registration Act 1925 s20(1) and s70(1)(g) by being in occupation . HL found that the date of transfer of the estate, not of its registration , was the relevant date in determining existence of a claim to overriding interest. The court also considered intention between R and her husband that R should have a beneficial interest in the property and also R`s contribution of time and effort in renovating the property.