Williams and Glyn’s Bank v Boland [1981]

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

[1981] AC 487