Repository logo
 

Trusteeship, Ostensible Authority, and Land Registration: the category error in Wishart

Accepted version
Peer-reviewed

Type

Article

Change log

Authors

Televantos, Andreas I 

Abstract

This article sets out the relationship between trusteeship, agency, and the doctrine of ostensible authority. It argues that the decision of the Court of Appeal in Wishart v Credit and Mercantile incorrectly conflated the rules concerning the authority of trustees and agents in way which creates wider problems for the law of trusts. It contends that the decision rested on a misunderstanding of the Brocklesby principle, the doctrine of ostensible authority more generally, as well as the scope and purpose of the Land Registration Act 2002. It will be suggested that later courts should depart from the reasoning in the judgment insofar as it concerns both the general law and the rules governing registered land.

Description

Keywords

Journal Title

The Conveyancer and Property Lawyer

Conference Name

Journal ISSN

Volume Title

80

Publisher

Sweet & Maxwell

Publisher DOI

Publisher URL