Improving conveyancing efficiency by redrafting Section 16?

Pascoe, Susan (2005) Improving conveyancing efficiency by redrafting Section 16? The Conveyancer and Property Lawyer, 69 . pp. 140-160. ISSN 0010-8200

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Abstract

Considers ways in which the Trusts of Land and Appointment of Trustees Act 1996 s.16 may be amended to improve conveyancing efficiency. Discusses, with reference to academic commentaries, how the wording of s.16(1) could be revised to clarify which enquiries a purchaser of land subject to a trust is not obliged to make, whether strengthening the security of beneficiaries in such land is justified, the rationale underpinning the concept of actual notice introduced by ss.16(2) and 16(3) and the legal or equitable impact of the phrase "invalidate the conveyance". Examines the effect of the 1996 Act on overreaching, whether breaches of trust render a conveyance ultra vires and prevent the passage of title, the position in relation to registered land and the significance of the Land Registration Act 2002 s.26.

Item Type:Article
Research Areas:Law > Law
ID Code:186
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Deposited On:24 Oct 2008 15:27
Last Modified:28 Mar 2014 08:04

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