Registered land and overriding interests — SQE1 Land question
A worked single-best-answer question on registered land and overriding interests, with why each wrong option is wrong — the way SQE1 traps candidates.
Jasmine and Kieran are the registered proprietors of a freehold house which they hold on trust for themselves and for Jasmine's parents, who contributed to the price and live in the house. Without telling the parents, Jasmine and Kieran granted a legal charge to Marlow Building Society to secure a loan of £200,000, which was paid to them both. The charge has been registered. Jasmine and Kieran have now defaulted.
Is Marlow Building Society bound by the parents' beneficial interests?
- ANo, because the loan money was paid to two trustees, so the parents' interests were overreached and attach to the money instead.
- BYes, because the parents' interests override the charge as interests of persons in actual occupation.
- CYes, because the parents did not consent to the charge being granted.
- DNo, because a beneficial interest can only ever bind a purchaser if protected by a restriction.
- EYes, because the building society should have inspected the property and discovered the parents.
Show answer and reasoning
Rule: Payment of capital money to two trustees overreaches beneficial interests, even those of beneficiaries in actual occupation.
- B Actual occupation does not help an interest that has been overreached by payment to two trustees. (wrong rule)
- C Overreaching does not depend on the beneficiaries' consent where capital money is paid to two trustees. (wrong rule)
- D Unprotected beneficial interests can override if the holder is in actual occupation and the interest has not been overreached. (wrong rule)
- E Inspection is irrelevant once overreaching has occurred, as in City of London Building Society v Flegg. (right rule, wrong facts)
Source: Law of Property Act 1925, ss 2, 27; City of London Building Society v Flegg [1988] AC 54