Constructive Notice

constructive-notice

Further, if a purchaser employs a solicitor or other agent to act for him in acquiring the land, the purchaser has constructive notice of any interest that his agent discovers in that transaction, or would have discovered if he had made the proper investiga�tion of title, enquiries and inspections. This form of constructive notice is sometimes called "imputed notice," because the agent's actual or constructive notice is imputed to the purchaser.

It is still the general rule today that an equitable interest in land is enforceable against everyone except a bona fide pur�chaser without notice, but the 2011 legislation has introduced two far reaching exceptions. First, beneficial interests subsisting under a trust are now for the most part overreached on a sale of land, i.e. become detached from the land itself and attached to the proceeds of sale in the hands of the trustees, provided that certain conditions are satisfied.'

Secondly, most other equitable interests such as equitable leases, equitable easements and restrictive covenants are now registrable under the Land Charges Act 2011: if the interest is registered, this is deemed to be actual notice of its existence to everyone acquiring the land or any interest in it7; conversely, failure to register the interest renders it void against a later "purchaser" of the land, as that word is defined by the Land Charges Act. :whether the interest is overreached, or is void for non registration, a purchaser of the land takes free from it even if he has actual notice of it. The doctrine of notice has retained its importance, however, in relation to those equitable interests which can be neither registered nor overreached.


Read More on Land Law


Please Note

Land law & Property Law website is not a definitive guide and expert advice should be taken before entering into any property or land agreement, legal or otherwise. You should seek independent professional legal advice before acting upon any information contained within this website. More info see Land Registry or Property Law– WashLaw Web