National Provincial Bank Ltd v Ainsworth

Facts

A husband left his wife in the matrimonial home, which he owned, and later charged it to the bank. The wife claimed that her right to occupy bound the bank.

Issue

Does a deserted wife's right to stay in the home bind a purchaser or mortgagee?

Held

No. The House of Lords held that the right was personal. It was not a proprietary interest, and it did not bind the bank.

Principle

A personal right of occupation, without a property interest, does not run with the land.

Why it matters

It overruled the broader reading in Bendall v McWhirter. As between husband and wife the duty to house her can still matter. Against a bank, it does not.

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