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Williams and Glyn's Bank v Boland

Facts Mr Michael Boland and Mrs Julia Sheila Boland lived on Ridge Park, Beddington, Surrey. Mr Boland, registered owner of the house, borrowed money from the bank for his building company, Epsom Contractors Ltd. Mr Boland failed to repay, and the bank sought possession. Mrs Boland argued that because she made substantial financial contributions to acquiring the home, she should be able to stay. The bank argued it did not qualify as a property right, basing its argument on the doctrine of conversion, and she should only get a share of any money made by her husband from the land, not a right enabling her to use it. Second, even if there was a property right, the bank’s defence was it registered its charge, and Mrs Boland’s right was not registered. The lack of registration defence does not work if the party claiming the unregistered right is in actual occupation. Then, that person has an overriding interest. But the bank argued that if she cohabited with her husband, she should not co...
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Lease

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Lease -A lease is an estate in land which therefore gives a proprietary interest in the land.It must be distinguishhed from a licence which only gives a personal right in the land. Essential characteristics of a lease -According to the principle of Street v Mountford a lease must have three characteristics,1.Exclusive possession 2.For a fixed or periodic term 3.At a rent.There are some exceptional cases which make a lease a licence.       The fact that the agreement is described as alicence does not prevent it from being a lease if the above characteristics are present.The only intention of the party which is relevent is the intention to grant exclusive possession.       There is no absolute principle of no rent,no lease,Ashburn Anstalt v Arnold Antoniades v Villiers (1988)-A case concerning wheather separate lease agreement were in fact a lease. The case involved an agreement for joint occupation of a furnished flat, the que...
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Easement

Easements in English law are rights that one individual has over another's land. Rights recognised as easements most frequently include rights of way or light, and extend as far as the right to use a neighbour's lavatory, or to park a car on their land. The necessity of easements can be recognised by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals. Characteristics of easements Whilst an easement is essentially a right over another's land, any right claimed as an easement must satisfy the ...
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