Ratio Decidendi
A spouse with a beneficial interest in the matrimonial home who is in actual occupation has an overriding interest binding on a mortgagee, even if the mortgage was granted by the sole legal owner without consent.
Fapte
Mr Boland mortgaged the family home to the bank. Mrs Boland had contributed to the purchase price and was in actual occupation but was not a party to the mortgage.
Rezumatul hotărârii
Lord Wilberforce held Mrs Boland had an overriding interest. Her actual occupation combined with her equitable interest was binding on the bank.
Citate cheie
"To say that the Acts of 1925 were intended to exclude interests in occupation is to defeat the purpose of the legislation."
— Lord Wilberforce
Tratament ulterior
Good law
Landmark authority on overriding interests and the rights of occupiers in registered land.