The eternal triangle and the consent that never was

Abstract

The landmark decision in Williams & Glyn‘s Bank v. Boland was an important step in recognizing the property rights of women. Not surprisingly it was greeted by the lending institutions and their advisers with consternation. The courts' concern not to interfere with the free flow of mortgage finance has led to a series of decisions which have seriously eroded the protection afforded by Boland. A beneficial co-owner’s consent to mortgage will postpone her rights to those of the lender if the latter seeks to recover possession of the mortgaged property as a prelude to sale. The courts have interpreted the notion of consent broadly and to the benefit of lenders and it appears that even an express consent to a mortgage may not be what it seems.

Key Words:

• housing
• co-ownership
• mortgages
• consent