A bank lends money secured on a home. A husband is the sole registered owner and his wife lives there and contributed to the price. The bank fails to inspect. In unregistered or registered land, what is the best description of her position under Williams and Glyn's Bank v Boland?

Answer and explanation

Correct answer: C. Her equitable interest is an overriding interest protected by her actual occupation

  1. Step 1: Boland and Sch 3 para 2 to the LRA 2002 protect interests of persons in actual occupation.
  2. Step 2: Overreaching does not apply where capital money is paid to a single trustee.
Answer
Her equitable interest is an overriding interest protected by her actual occupation.
Why not the others: Occupiers' rights can bind without registration; overreaching needs two trustees; the interest is proprietary.

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