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Beneficial joint tenants and the protection of purchasers: an unsolved problem

By: Series: Conveyancer and Property Lawyer ; 68 January/February 2004, 41-48(8)Publication details: 2004Subject(s): Summary: Discusses the severance of beneficial joint tenancies. The Law of Property (Joint Tenants) Act 1964 prescribes test criteria which, if present, ensure that the purchaser, with or without notice, cannot be bound by a third party's interest even if one of the joint parties severed. The third party's right is effectively overreached by the conveyance to the purchaser. The same problem exists in registered land, which the 1964 Act does not apply to. Examines the above difficulty in respect of purchasers of registered land from the survivor of beneficial joint tenants. The only thing that can protect a purchaser completely in registered land is the appointment of a second trustee of the legal estate to ensure that any unexpected beneficial interests are safely overreached. Proposes a solution involving an amendment to the Land Registration Act 2002, whereby the surviving joint tenant vendor will be deemed to be solely and beneficially entitled.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article X125716 (Browse shelf(Opens below)) 1 Available 125716-1001

Discusses the severance of beneficial joint tenancies. The Law of Property (Joint Tenants) Act 1964 prescribes test criteria which, if present, ensure that the purchaser, with or without notice, cannot be bound by a third party's interest even if one of the joint parties severed. The third party's right is effectively overreached by the conveyance to the purchaser. The same problem exists in registered land, which the 1964 Act does not apply to. Examines the above difficulty in respect of purchasers of registered land from the survivor of beneficial joint tenants. The only thing that can protect a purchaser completely in registered land is the appointment of a second trustee of the legal estate to ensure that any unexpected beneficial interests are safely overreached. Proposes a solution involving an amendment to the Land Registration Act 2002, whereby the surviving joint tenant vendor will be deemed to be solely and beneficially entitled.