Registered Title: Overreaching, Priority, Restrictions and Professional Practice

Abstract

Comments on N3 Living Ltd v Burgess Property Investments Ltd (Ch D) which clarified how the overreaching provisions of the Law of Property Act 1925 interact with the priority rules under the Land Registration Act 2002. Considers the position if a disposition had been registered in favour of a purchaser in contravention of a registered "Form A" restriction, and whether a breach of trust may occur where trustees have the power to overreach.