Why is overreaching important in land law?
It is important to understand “overreaching” in the context of the Land Registration system. The mechanism ensures that a purchaser of land who satisfies the conditions of overreaching will not be bound by the interests of beneficiaries under a trust. The interests of the beneficiaries are kept ‘behind the curtain’.
Is overreaching bad land law?
Overreaching in Land Law S. 2(3) Law of Property Act 1925 excludes certain equitable interests in land, consequently overreaching is generally restricted to operating only where there is equitable ownership behind a trust.
What is legal overreach?
1 : conduct that exceeds established limits (as of authority or due process) claimed that overreaching by the prosecution barred a retrial because of double jeopardy.
Does overreaching apply to registered land?
Registered land—overriding interests If the trustees sell in accordance with the statutory provisions, and so overreach the beneficial interests in reference to the land, nothing remains to which a right of occupation can attach.
When can overreaching occur?
Overreaching can only exist where a trust is in existence and a property is sold. It occurs when the purchaser paid to at least two trustees in monies.
What is another word for overreach?
In this page you can discover 30 synonyms, antonyms, idiomatic expressions, and related words for overreach, like: , overextend, overact, outsmart, fool, outreach, cheat, overdo, overlay, encroach on and encroach upon.
What’s another word for overreaching?
Can estate contract be overreached?
Overreaching can occur whether or not the purchaser of the legal estate has notice of the equitable interest.
What does it mean to overlay something?
transitive verb. 1a : to lay or spread over or across : superimpose. b : to prepare an overlay for. 2 : overlie sense 2. overlay.
What is the opposite of overreach?
▲ Opposite of to perform movements more adroitly or successfully than. fail. lose. be inferior.
What causes overreaching?
It is a serious condition that is induced by prolonged, high volume, high intensity, repeated, and reoccurring monotonous training sessions. That type of training can result in serious disorders, primarily in the nervous and hormonal systems.
What is overreaching in property law?
Overreaching is a concept in English land law and the Law of Property Act 1925. It refers to a situation where a person’s equitable property right is dissolved, detached from a piece of property, and reattached to money that is given by a third party for the property. This happens, according to City of London Building Society v…
What is an overreaching purchaser?
The definition of purchaser applicable to overreaching is ” a person who acquires an interest in or charge on property for money or money’s worth” ( S.205 (1) (xxi) Law of Property Act 1925 – Overreaching comes under part I of the Act).
What is an overreached interest?
Interests capable of being overreached. Overreaching stems from S.2(1) Law of Property Act 1925 which provides: “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”.
What does over reaching mean in real estate?
Overreaching. If such a party claims an overriding interest in the land, that interest is converted by attaching a monetary interest to the land, such as a purchase price, and the interest claimed by the party is ‘overreached’; this conversion is often referred to as the doctrine of equitable conversion .