Improving conveyancing efficiency by redrafting Section 16?

Article


Pascoe, S. 2005. Improving conveyancing efficiency by redrafting Section 16? The Conveyancer and Property Lawyer. 69, pp. 140-160.
TypeArticle
TitleImproving conveyancing efficiency by redrafting Section 16?
AuthorsPascoe, S.
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.

Research GroupLaw and Politics
PublisherSweet and Maxwell
JournalThe Conveyancer and Property Lawyer
ISSN0010-8200
Publication dates
PrintApr 2005
Publication process dates
Deposited24 Oct 2008
Output statusPublished
Web address (URL)http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333&productid=6598
LanguageEnglish
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