ABSTRACT

Williams and Glyn’s Bank v Boland (1981) HL H purchased a house in his name and resided there with W and their son. W had contributed in substantial measure to the purchase price. At a later date the bank made a loan to H, who guaranteed it by a charge on the home. The land was registered land and the bank did not make any enquiry concerning W’s possible interest. Proceedings for possession were brought by the bank subsequently. W claimed to possess rights which ought to prevail against those of the bank. She contended that she had a property interest in the matrimonial home by virtue of her contribution to the purchase. Further, she argued that she occupied the house and had a right to continued occupation. Her rights constituted, she claimed, an overriding interest under s 70(1)(g) LRA 1925. The court rejected her claim; its judgment was reversed by the Court of Appeal. The bank appealed to the House of Lords.