LAND LAW

Land Law

Land Law

Background of the Study

Gordon bought a house, No.11, in 1997. The purchase was financed in part by the proceeds of the sale of his previous home, a flat, and the balance by a loan on mortgage. A year after the purchase Gordon's new partner, Sarah, moved in having let her house. She disliked the Victorian decoration of the house and arranged and paid for it to be redecorated throughout in a much lighter more modern style. In 2000 Gordon and Sarah married. And after that Sarah continued to work in the job she had but in 2002 she gave up work and started to work for Gordon unpaid in the business he ran from the house up till 2007. In 2007 Gordon was promoted and sold No.11 in order to buy No.10, a larger house next door. This purchase was financed by the proceeds of sale of No.11 and a mortgage loan. The house was conveyed to Gordon and Sarah.

a)Did these events give Sarah any interest in No.11?

whether a G0rd0n 0r a Sarah, wh0 has a beneficial interest in the matrim0nial h0me, by virtue 0f having c0ntributed t0 its purchase price, but wh0se sp0use is the legal and registered 0wner, has an “0verriding interest” binding 0n a m0rtgagee wh0 claims p0ssessi0n 0f the matrim0nial h0me under a m0rtgage granted by that sp0use al0ne. Alth0ugh this statement 0f the issue uses the w0rds “sp0use,” “husband and wife,” “matrim0nial h0me,” the appeals d0 n0t, in my understanding, inv0lve any questi0n 0f matrim0nial law, 0r 0f the rights 0f married w0men 0r 0f w0men as such. Exactly the same issue c0uld arise if the r0les 0f G0rd0n and Sarah were reversed, 0r if the pers0ns interested in the h0use were n0t married t0 each 0ther. The s0luti0n must be derived fr0m a c0nsiderati0n in the light 0f current s0cial c0nditi0ns 0f the Land Registrati0n Act 1925 and 0ther pr0perty statutes.

b)Between 2000 and 2007 did Sarah obtain any interest in No.11 or increase any interest she already had?

In 2007 Gordon was promoted and sold No.11 in order to buy No.10, a larger house next door. This purchase was financed by the proceeds of sale of No.11 and a mortgage loan. The house was conveyed to Gordon and Sarah.

Under the Land Registrati0n Act 1925, legal estates in land are the 0nly interests in respect 0f which a pr0priet0r can be ...