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Words: | Submitted: Sat Feb 21 2004
... for reform in the nineteenth century as one of the major problems of real property. [FN6] Difficulties arose mainly over the question of whether a person who was admittedly a purchaser for value of a legal estate [FN7] in fact had ""notice" of the prior equitable right. Actual notice, conscious knowledge of matters affecting the title, presented relatively few problems. [FN8] The difficulties of "imputed" notice, that is, notice which came through an authorised agent and was imputed to the principal, were largely overcome by the Conveyancing Act 1882, which confined imputed notice to matters found by the agent acting as such and in the course of the same transaction. [FN9] It is constructive notice which has caused and continues to cause the most difficulty. The principle upon which it is based is eminently reasonable. If a purchaser is affected only by matters of which he actually knows, he will ...
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