LAW

Law

Law

With regard to the scenario Helen should not accept the £70,000 from George. In addition, Occupiers and matrimonial home rights may be the only right that Helen can enforce as the following discussion will illustrate. Williams & Glyn's Bank Ltd v Boland is a case where the use of overriding interests came to light. This is the traditional situation of matrimonial home ownership, where the husband was the sole proprietor; however the wife had made substantial contributions to the home, which means that through equity create a resulting trust in the favour of the wife. This case supports Helen who made a contribution to the property. However the confusion of overriding interests have tried to bring notice back into the equation which the LPA 1925 and the LRA 1925 were introduced to eliminate, as Lord Wilberforce indicates in the Boland Case, where the only kind of notice recognised is notice on the registry. However, it is not always so simple for occupiers under 70(1)(g), as in the case of Abbey National Building Society v Cann where the property was bought with the intention that Cann's mother would live there; however Mr. Cann stated it was for sole occupation and registered a charge for a loan prior to his mother's occupation, i.e. she was away on holiday and would take occupation as soon as she got back. However the initial intention of Mr. Cann was evident as he moved her furniture and carpets prior to the completion of the charge. However the court held there was no occupier's right as Cann's mother was not in actual occupation until after the completion, as her holiday ended then. Another case that illustrates the problems with overriding interests is the case of Chhokar v Chhokar, in which a husband and a wife contributed to the purchase price of their family home. The LRA 2002 cleared occupier's rights up and caused this confusion to be cleared up. Schedule 1 deals with overriding interests that will remain to be binding, which includes actual occupation. Therefore it seems that problems discussed are still very real; however Schedule 3 deals with the limitations on certain overriding interests listed in Schedule 1 and one of these are the actual occupation interests. The limitations that are most important to this discussion on the interest succeeding are in respect to those where inquiry has been made and that individual has failed to disclose; and those individuals who are not in obvious occupation on careful inspection. In addition George may be able to enforce her matrimonial home rights as she has improved the property, as per the case of William & Glynn's Bank v Boland. This case law can be used to protect similar rights for Helen, who also made considerable improvements to the property. Therefore additional resulting trusts would be made in the favour of the two parties; however as the money has been paid these parties will have to either enforce against George or Patrice for the funds; ...