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Words: 2,241 | Submitted: Sat Sep 15 2007
... in which case he will take the land free from the interest. In order to satisfy this condition the person must be a bona fide purchaser for value of a legal estate without notice. This is in contrast to the registered land system where equitable interests under trusts can be overreached unless coupled with actual occupation2. As in each of these cases there is only a sole trustee, in both cases the husband, we are not concerned with overreaching. The most relevant part of the definition of equity's darling is that the purchaser must not have notice of the interest if he is not to be bound by it. There are three types of notice; actual, constructive, and imputed. The focus in relation to the current cases is the issue of constructive notice. Constructive notice Constructive notice requires that a purchaser shall not be affected by an interest unless "it is ...
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