What is required for overreaching to take place?

Overreaching can only exist where a trust is in existence and a property is sold. It occurs when the purchaser paid to at least two trustees in monies. If only one owner exists, there is a risk that a third party could claim occupation and overreaching cannot apply.

Can you overreach a legal interest?

Accordingly, overreaching can occur even if no capital money arises—as in the case of State Bank of India where trustees mortgaged a legal interest by way of security for pre-existing indebtedness so no money was paid over with the execution of the charge.

What is the principle of overreaching?

“THE doctrine of overreaching is a means by which some interests in land, particularly beneficial interests under a trust, are removed from the land on a disposition and attach to the proceeds of sale” (Law Com No 380 (2018), xvi).

Who protects overreaching?

It appears from considering the principles of overreaching and the consensus of opinion amongst academics, that the law is more favourable to the purchaser than the beneficiary. The law protects the interests of the third party purchaser provided that they have paid the purchase money to two or more trustees.

Is overreaching good?

Overreaching is just a side-effect of doing too much muscle-damaging exercise, too frequently. For very advanced strength athletes and bodybuilders, functional overreaching may be a necessary evil. For less advanced athletes, it is a (somewhat risky) tool to progress more quickly.

What is the difference between overreaching and overtraining?

Overtraining is defined as an increase in training volume and/or intensity of exercise resulting in performance decrements. A shorter or less severe variation of overtraining is referred to as overreaching, which is easily recovered from in just a few days.

What is the difference between overriding and overreaching?

Title: ‘In the registered land system, overreaching and overriding interests represent opposing trends in modern land law. While overreaching operates to benefit purchasers and mortgagees, they can be unfairly disadvantaged by the overriding interests of those in actual occupation of the land.

Why is overreaching bad?

Overreaching and overtraining are a regularly occurring problem in the world of sports. An athlete in the state of overreaching or overtraining cannot achieve optimal performance, and is more susceptible to illness and injury. In the state of overreaching, the adaptation capacity to training load is decreased.

How do you know if you are overreaching?

Symptoms of overreaching include muscle soreness that lasts more than two days (sometimes muscles are swollen, red and warm to the touch). Also, watch out for injury, such as chronic tendinitis or a stress fracture.

Why do overriding interests still exist?

Overriding interests are currently defined in Schedule 1 and Schedule 3 of the Land Registration Act 2002. Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds.