← All Authorities
United Kingdom Leading Case overreachingtrust for salepriorityoverriding interests

City of London Building Society v Flegg

[1987] UKHL 6; [1988] AC 54
JurisdictionUnited Kingdom
CourtHouse of Lords
Year1987
StatusBinding authority

Key Principle

Where capital money is paid to two or more trustees on a mortgage, the beneficiaries' interests are overreached and shifted to the proceeds; they cannot then assert those interests as overriding interests through actual occupation.

Area of Law

Land & Property

Related Cases

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30; [2003] 1 AC 419
Prudential Assurance Co Ltd v London Residuary Body [1991] UKHL 10; [1992] 2 AC 386
Abbey National Building Society v Cann [1990] UKHL 3; [1991] 1 AC 56

Ask CommonBench about this case

Get a detailed analysis of City of London Building Society v Flegg and how it applies to your situation.

Explain City of London Building Societ...