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Purchaser cannot refuse to complete if overreaching provisions engaged (N3 Living v Burgess Property Investments)

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Published on: 06 July 2020

Published by a LexisNexis Property expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Property analysis: The High Court confirmed the correct method by which good title in registered property can be transferred by a sole proprietor despite being encumbered by a Form A restriction. The court also reminded purchasers that where there was compliance with the terms of the restriction and the provisions of the Land Registration Act 2002 (LRA 2002) that they should not be concerned with the nature of the prevailing trusts nor with the application of the proceeds of sale, and that they would become registered proprietors free from any interest. Written by Maurice Rifat, barrister at 1 Chancery Lane Chambers.

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