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Abbey National Building Society v Cann

Abbey National Building Society v Cann [1990] UKHL 3 is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest. Facts George Cann lived with his mother, Daisy, in Island Road, Mitcham. She had contributed to the purchase price, and so George held the house on trust for himself and her, even though it was solely registered in her name. They moved to a smaller house that cost £4000 more in South Lodge Avenue. To buy it they used the proceeds of selling the Island Road home and got a mortgage from the Abbey National. Daisy knew this was necessary. She did not know that George had also taken another mortgage for £25,000. La...
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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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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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