Williams & Glyn's Bank Ltd v Boland [1981] AC 487

Court: House of Lords

Basic Facts: The bank claimed a mortgage over a property in which the wife of the mortgagor had an equitable interest but was not named in the mortgage documents.

Issue for the Court: Can a mortgagee override the equitable interests of a spouse who has not consented or been named in the mortgage?

Held: The court held that a spouse in actual occupation of property could have an overriding interest, which could bind a mortgagee.

Lord Wilberforce:

• The doctrine of notice protects equitable interests against subsequent legal interests.

• A mortgagee cannot ignore equitable interests if they are evident or known.

Lord Diplock:

• A mortgagee should have constructive notice of all interests in land that are not disclosed but are apparent on inspection.