Trust in the bank: The importance of overreaching in.

Overreaching Land Law Essays

This question asks for an explanation and analysis of the principle of overreaching and for a discussion of how overreaching seeks to balance the interests of a third party purchaser of land and a beneficiary who holds an equitable interest in the land under a trust. The statutes which are applicable here are sections 2 (1) (ii) and 27 of the Law of Property Act (LPA) 1925, as amended by.

Overreaching Land Law Essays

Overreaching is a mechanism aimed at achieving conveyancing efficiency with minimal regard to protecting interests held in land.Overreaching applies where there exists a trust of land in both registered and unregistered land.Overreaching is the process by which the rights of beneficiaries under a trust of land, become detached from land on conveyance and attach to the proceeds of sale.

Overreaching Land Law Essays

Overreaching is covered under section 2(1) of the Law of Property Act 1925 which states that “a conveyance to a purchaser of a legal estate in land shall overreach any equitable interest or power affecting that estate, whether or not he has notice thereof.” However, section 2(3) of the Law of Property Act 1925 excludes certain equitable interests in land consequently restricting.

Overreaching Land Law Essays

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.

Overreaching Land Law Essays

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.

Overreaching Land Law Essays

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.

Overreaching Land Law Essays

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.

Overreaching Land Law Essays

This document contains the following information: Transfer of land: overreaching beneficiaries in occupation. Related publications and all Law Commission reports, consultation papers and.

Overreaching Land Law Essays

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.

Overreaching Land Law Essays

Assignment question on the concept of Overriding Interests in Land Law. I scored a grade of 'A' (70% and above) for this paper.

Overreaching Land Law Essays

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.

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