Commentary

39 Extension of principle of priority by notice to interests in land

CHOSES IN ACTION vol 7
CHOSES IN ACTION vol 7 | Commentary

39 Extension of principle of priority by notice to interests in land

CHOSES IN ACTION vol 7 | Commentary

39 Extension of principle of priority by notice to interests in land

Before 1926 the principle of obtaining priority by notice applied to assignments of the proceeds of the sale of land held on trust for sale or of the rents and profits until sale, but did not apply to assignments of interests in land as such1. The Law of Property Act 1925 Section 137(1), however, extends the principle to equitable interests in real estate and it is now applicable to determine the priority of competing interests arising out of dealings with equitable interests in land, capital

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