Where a mortgagor purports to mortgage a greater estate in property than that which he possesses, the conveyance1 or transfer2 by which the purported mortgage is created passes to the mortgagee such interest as the mortgagor has in the property3. Thus where joint owners of a property purport to grant a mortgage but it is void or voidable as against one of the joint owners, the execution of the mortgage by the other takes effect as an equitable charge over his beneficial interest in the property
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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