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Words: | Submitted: Mon Feb 09 2004
... of the legal estate in the land for value without notice." This is known as the doctrine of notice. Basically it describes a purchaser of a "legal estate" with "clean hands" ( Coatsworth v Johnson1886) who didn't know of the interest or wouldn't have been expected to have known. A purchaser had to be able to prove this, which often was a difficult task, as notice can be actual, constructive or imputed. Constructive notice is where notice would've been found if all the proper enquiries had been made, as in Kingsnorth Finance Co. Ltd v Tizzard (1986) where it was held that the mortgagee had constructive notice of the wife's equitable interest, and therefore took subject to it. Imputed notice is where a purchaser employs an agent to investigate, and the agent fails to tell the purchaser of the notice. Pilcher v Rawlins (1982) established, a purchaser could be interrogated ...
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