| Commentary

42 Overreaching

| Commentary

42 Overreaching

One of the principal achievements of the property legislation of 1925 was to ensure that to a very large extent equitable interests in property are kept off the legal title to the property. Those interests will be overreached and will attach to the proceeds of sale of the land, a purchaser taking free of them, provided the purchase money is paid to two trustees or a trust corporation, and irrespective of whether the purchaser had actual or constructive notice of the equitable interests1. This is so as respects both registered and unregistered land2. Furthermore,

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