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Williams & Glyn's Bank v Boland
''Williams & Glyn's Bank v Boland'' () (UKHL 4 ) is a House of Lords judgment in English land law and English trust law on overriding interest.
==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 Williams & Glyn's 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 count as being in actual occupation because a bank’s investigation would not alert it to her having a property right in the land. It would be no surprise to find a shared occupancy.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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