288. Implied postponement.

288.     Implied postponement.

A party with an equitable charge over or an interest in property can be taken to have agreed to the postponement of his interest in favour of any party who is allowed to his knowledge to purchase or take a charge over the land on the faith that it is unincumbered1. Thus an unpaid vendor's lien is postponed to the equitable interest of the sub-purchasers where the vendor allows his agent to deal with the land on the footing that the purchasers are selling as absolute owners free from the lien2, and