What does overreaching do in land law?

What does overreaching do in land 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.

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 protect the beneficiary?

This is why a beneficial interest under trust cannot be registered as a land charge. ⇒ But the doctrine of overreaching ensures the beneficiaries retains rights even after the land is sold.

What can be overreached?

OVERREACHING is a term most commonly defined as the process of transferring equitable interests under a trust from a specific piece of land to the capital money received from the purchaser (including a lessee or mortgagee) of a legal estate in that land.

Is overreaching desirable?

Overreaching can be an effective and important part of a training cycle when properly programed. It typically results in additional fatigue and soreness. Upon recovery, the desired outcome is an obvious improvement or “supercompensation” in that specific sport or activity.

Can you overreach a legal interest?

Overreaching is the process provided for in section 2 of the Law of Property Act 1925 whereby a conveyance to a purchaser of a legal estate can overreach an equitable interest affecting the same land if the completion monies are paid to at least two trustees.

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.

What’s another word for overreaching?

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 is nonfunctional overreaching?

Non-functional overreaching — a short-term reduction in performance that recovers fully (but does not lead to improved performance), and only after a sustained period of rest.

What are 2 types of overreaching?

Overreaching is broken into functional and nonfunctional states, both of which respond to extra rest. Nonfunctional overreaching leads to a more extended period of decreased performance than functional overreaching and is accompanied by neuroendocrine and/or psychological symptoms.

What is the opposite of overreach?

▲ Opposite of to perform movements more adroitly or successfully than. fail. lose. be inferior.

How do you say all encompassing?

All-encompassing Synonyms – WordHippo Thesaurus….What is another word for all-encompassing?

complete comprehensive
extensive sweeping
broad grand
inclusive all-inclusive
all-embracing across-the-board

What does overreaching mean in land law?

Overreaching in Land Law. 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.

Can a conveyance to a purchaser of a legal estate overreach?

“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”

Is the law of Property Act 1925 overreaching?

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 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”.