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.
Type | Article |
---|---|
Title | Improving conveyancing efficiency by redrafting Section 16? |
Authors | Pascoe, 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 Group | Law and Politics |
Publisher | Sweet and Maxwell |
Journal | The Conveyancer and Property Lawyer |
ISSN | 0010-8200 |
Publication dates | |
Apr 2005 | |
Publication process dates | |
Deposited | 24 Oct 2008 |
Output status | Published |
Web address (URL) | http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333&productid=6598 |
Language | English |
https://repository.mdx.ac.uk/item/80w20
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