Concerned extent to which para (g) covers equitable
interests, which may also be protected as minor interests.
Land held on trust for sale by Mr B for himself and
his wife as beneficiaries.
Mr B then mortgaged land to bank without wife’s
Bank later claimed possession and wife claimed
overriding interest under para (g).
House of Lords held she did have such an interest.
Although s3(xv) of LRA 1925 explicitly protects
beneficial interests under trusts of land as minor interests, they could also
be overriding interests.
[Yet s3(xv) defines ‘minor interests’ as excluding
overriding interests – it is a residual category.
Hence logically impossible for an interest to be both
a minor interest and an overriding interest]