Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal estate and is not concerned with equitable interests.
Land law recognises two forms of property ownership, which have been defined as legal ownership and beneficial or equitable ownership. Beneficial ownership concerns a person’s right to live in and use the property, along with the right to any financial gains when the property is sold. The result of beneficial ownership can, therefore, significantly affect the sale of a property.
Land law: Land Law Fixtures and chattels Rights above and below the surface of land Overreaching Priority - Registered land - Overriding interests Priority - unregistered land - Land charges - Doctrine of notice. Trusts of Land - Express trusts - Resulting trusts - Constructive trusts. Co-ownership - Co-ownership - Joint tenants and tenants in common - Severance of equitable joint tenancy.
Sayles: Land Law Concentrate 4e Chapter 3: Outline answers to essay questions. The continued existence of overriding interests means that the objectives behind establishing a registered land system can never be met and the system itself can never be as efficient, certain, and just as was intended. Discuss. As an introduction, it may be advisable to consider the objectives behind registered.
This document contains the following information: Transfer of land: overreaching beneficiaries in occupation. Related publications and all Law Commission reports, consultation papers and.
This essays seeks to prove that the revolutionary and often controversial principle of overreaching, which has been the subject of much academic criticism since its inception in 1925, is both a.
Assignment question on the concept of Overriding Interests in Land Law. I scored a grade of 'A' (70% and above) for this paper.
Answer: This question requires a critical analysis of the law relating to overreaching in light of the above dictum. This in turn requires consideration of the Law of Property Act 1925 together with the reforms contained within the Law of Property Act 2002 in light of the law on overreaching. Cases such as City of London Building Society v Flegg and State Bank of India v Sood will be referred.