Land And Conveyancing Law Reform Act 2009

Overreaching for protection of purchasers.

21.— (1) Subject to subsection (3), a conveyance to a purchaser of a legal estate or legal interest in land by the person or persons specified in subsection (2) overreaches any equitable interest in the land so that it ceases to affect that estate or interest, whether or not the purchaser has notice of the equitable interest.

(2) For the purposes of subsection (1), the “person or persons specified”—

(a) shall be at least two trustees or a trust corporation where the trust land comprises—

(i) a strict settlement, or

(ii) a trust, including a trust for sale, of land held for persons by way of succession, or

(iii) land vested in or held on trust for a minor,

(b) may be a single trustee or owner of the legal estate or interest in the case of any other trust of land.

(3) Subsection (1) does not apply to—

(a) any conveyance made for fraudulent purposes of which the purchaser has actual knowledge at the date of the conveyance or to which the purchaser is a party, or

(b) any equitable interest—

(i) to which the conveyance is expressly made subject, or

(ii) protected by deposit of documents of title relating to the legal estate or legal interest, or

(iii) in the case of a trust coming within subsection (2)(b), protected by registration prior to the date of the conveyance or taking effect as a burden coming within section 72(1)(j) of the Act of 1964 (or, in the case of unregistered land, which would take effect as such a burden if the land were registered land).

(4) In subsection (3)(b)(iii), “registration” means registration in the Registry of Deeds or Land Registry, as appropriate.

(5) Where an equitable interest is overreached under this section it attaches to the proceeds arising from the conveyance and effect shall be given to it accordingly.

(6) Nothing in this section affects the operation of the Act of 1976.