Williams and Glyn’s Bank v Boland 
- The case concerned two appeals at the House of Lords on almost indistinguishable sets of facts
- A husband was the sole registered proprietor of a legal estate – the only registered owner of some registered land
- The husband mortgaged the house to fund an external business venture, and subsequently defaulted on his mortgage payments
- The husband’s wife had contributed to the purchase price of the house
- The bank was unaware of the wife’s contribution
- Could the bank’s interest take priority over that of the wife, such that the bank could obtain possession of the house?
- The property was subject to the registered title conveyancing process
- The wife had an equitable interest, known as a minor interest, in the house, due to her contribution to the purchase price
- The husband held the property on trust for both himself and his wife as equitable tenants in common in proportions equal to their respective purchase price contributions
- As the wife was in actual occupation of the land, her minor interest became overriding by virtue of the Land Registration Act 1925
- The bank could not seek possession of the house as an overriding interest takes priority over a later mortgagee
 AC 487
Posted in Land Law Revision Notes.
This page was last updated on 1st October 2015