Hodgson v Marks [1971] EWCA Civ 8 (12 March 1971)

Hodgson v Marks [1971] EWCA Civ 8 (12 March 1971)

The plaintiff was in actual occupation of the property at all material times and thus had an overriding interest under section 70(1)(g) of the Land Registration Act 1925. Section 53(1) of the Law of Property Act 1925 did not prevent the plaintiff from asserting her beneficial interest, as the transfer to Evans was not intended as a gift and resulted in a resulting trust. The plaintiff was not estopped from asserting her interest, nor should her interest be postponed to the defendants. The appeal was allowed and the register was ordered to be rectified in the plaintiff's favour.

Citation
[1971] EWCA Civ 8
Parties
Appellant (plaintiff): Beatrice Annie Hodgson; Respondent (first Defendant): Dennis David Marks; Respondents (second Defendants): Cheltenham & Gloucester Building Society
Jurisdiction
England and Wales
Judgment Date
12 March 1971
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Overriding Interests, Actual Occupation, Resulting Trusts, Constructive Trusts, Section 53 Law of Property Act 1925, Section 70 Land Registration Act 1925, Estoppel, Priority of Interests
Property Law Equity Land Registration Overriding Interests Actual Occupation Resulting Trusts Constructive Trusts Section 53 Law of Property Act 1925 +3 more

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Parties

Beatrice Annie Hodgson

Appellant (plaintiff)

Dennis David Marks

Respondent (first Defendant)

Cheltenham & Gloucester Building Society

Respondents (second Defendants)

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff was in actual occupation for the purpose of section 70(1)(g) of the Land Registration Act 1925
  2. 2 Whether section 53 of the Law of Property Act 1925 prevents the plaintiff from asserting her beneficial interest as an overriding interest
  3. 3 Whether the plaintiff was estopped from asserting her beneficial interest or her interest should be postponed to the defendants

Ratio Decidendi

The plaintiff was in actual occupation of the property at all material times and thus had an overriding interest under section 70(1)(g) of the Land Registration Act 1925. Section 53(1) of the Law of Property Act 1925 did not prevent the plaintiff from asserting her beneficial interest, as the transfer to Evans was not intended as a gift and resulted in a resulting trust. The plaintiff was not estopped from asserting her interest, nor should her interest be postponed to the defendants. The appeal was allowed and the register was ordered to be rectified in the plaintiff's favour.

Court Disposition

Appeal allowed

Orders

  • Rectification of the Register by substituting the Plaintiff for Mr Marks and cancelling the entry of the building society's charge
  • Building society to deliver up their charge certificate to the Plaintiff's solicitors forthwith