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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
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21. Overreaching for protection of purchasers.

(1) Subject to subsection (3), a conveyance to a purchaser of a legal estate or legal interest in land by the person or persons specified in subsection (2) overreaches any equitable interest in the land so that it ceases to affect that estate or interest, whether or not the purchaser has notice of the equitable interest.

(2) For the purposes of subsection (1), the "person or persons specified" -

(a) shall be at least two trustees or a trust corporation where the trust land comprises -

(i) a strict settlement, or

(ii) a trust, including a trust for sale, of land held for persons by way of succession, or

(iii) land vested in or held on trust for a minor,

(b) may be a single trustee or owner of the legal estate or interest in the case of any other trust of land.

(3) Subsection (1) does not apply to -

(a) any conveyance made for fraudulent purposes of which the purchaser has actual knowledge at the date of the conveyance or to which the purchaser is a party, or

(b) any equitable interest -

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