The Pros And Cons Of Overreaching

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Significantly, the doctrine of overreaching provides that if the purchase price for property is paid to two trustees or a trust corporation, then the rights of the purchaser will overreach the interests of the beneficiaries under that trust of land. Importantly, Lord Justice Lewison confirmed in the recent case of Mortgage Express v Lambert that overreaching is applicable to ‘any equitable interest’. Regardless, two conditions must be satisfied before overreaching is effective. Accordingly, the first requires that the interest in land must be capable of being overreached, as not all equitable rights are, and such circumstances are contained within the Law of Property Act 1925. Correspondingly, the second provision is that statutory conditions

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