Overreaching is a concept in English land law and the Law of Property Act 1925. It refers to a situation where a person's equitable property right is dissolved, detached from a piece of property, and reattached to money that is given by a third party for the property. This happens, according to City of London Building Society v Flegg in any case where property is bought or mortgaged in a contract with two or more title holders.
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. The occupiers of a property in such a situation cannot then claim that their occupation of the property is an overriding interest, as the joint trustees have brought that occupation to a close through the sale of the property.
By purchasing the property from trustees, under Section 2 of the Law of Property Act 1925,[1] the occupation rights of any other party are automatically extinguished. If such a party claims an overriding interest in the land, that interest is converted by attaching a monetary interest to the land, such as a purchase price, and the interest claimed by the party is 'overreached'; this conversion is often referred to as the doctrine of equitable conversion.
If only one owner exists, there is a risk that a third party could claim occupation and overreaching cannot apply.
The issues of overreaching and overriding interests are often closely linked, and the case of Birmingham Midshires v Sabherwal[2] examined both issues.
Overreaching is a process whereby certain equitable rights in land which might otherwise have enjoyed protection in the system of registration on the occasion of a sale of that land to a purchaser for value are "swept off" the land and transferred to the purchase money that has just been paid.[3]
^Text of the Law of Property Act 1925 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
^[2000] 80 P. & C.R. 256
^Martin Dixon, "Modern Land Law", Routledge Cavendish, 6th edition p.93
risk that a third party could claim occupation and overreaching cannot apply. The issues of overreaching and overriding interests are often closely linked...
Imperial overstretch, also known as Imperial overreach, describes the situation in which an empire extends itself beyond its military-economic capabilities...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an...
because they could be overreached in appropriate circumstances. In the following years, it has been questioned whether the overreaching rules, as interpreted...
A New Way to Pay Old Debts (c. 1625, printed 1633) is an English Renaissance drama, the most popular play by Philip Massinger. Its central character, Sir...
and I have to say as I said before, to the extent that there was any overreach, it was a few people in the upper echelons of the (FBI) and perhaps the...
want to admit that huge mistakes, sheer recklessness, and, above all, overreaching ambition that exceeded all realistic possibilities, were the true causes...
far", an idiom inspired by Operation Market Garden, meaning an act of overreaching A Bridge Too Far (book), a non-fiction book by Cornelius Ryan on Operation...
became the standard for the era. His plays are distinguished by their overreaching protagonists. Themes found within Marlowe's literary works have been...
to believing in government conspiracies theories: Genuine government overreach and secrecy during the Cold War, such as Watergate, the Tuskegee syphilis...
always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly...
manages to herd her emotions well, playing a complex role but hardly ever overreaching", but criticised her delivery of English lines. For her role, Ranaut...
Toronto. p. 20. Retrieved April 16, 2018. Spiro, Peter (2017). "Citizenship Overreach". Michigan Journal of International Law. 38 (2): 169. SSRN 2956020. Dentino...
"public protests" as a means of defending church traditions against an overreaching state. Some argue that the regime, once at war, no longer heeded popular...
2307/1399467. JSTOR 1399467. S2CID 170870115. Gier, Nicholas F. (2012). "Overreaching to be different: A critique of Rajiv Malhotra's Being Different". International...
sovereignty of the different administrations being passed on through the overreaching Crown itself as a part of the executive, legislative, and judicial operations...
too confidently ... but she hardly dares at all and is terrified of overreaching her technique and doing anything that she has not killed the spontaneity...
Representative Bob Gibbs, who described Obama's action as "constitutional overreach" because he said an act of Congress was required to rename the mountain...
Shackled - The Java Trap". Retrieved 2017-05-01. Liberman, Michael (1995). "Overreaching Provisions in Software License Agreements". Richmond Journal of Law and...
The Waters of the United States Regulatory Overreach Protection Act of 2014 (H.R. 5078) is a bill that would prohibit the Environmental Protection Agency...
combat the Republicans. By the beginning of 1996, the Republicans had overreached; most of the Contract had failed to pass the Senate and the Democrats...
that strong arguments for software openness should not be weakened by overreaching into areas where the story may be less compelling. The broader impact...
wherein corporate conglomerates, established with government support, overreach diverse branches of industry. For much of the time between the foundation...
Krugman, "are worried about the possibility of [U.S. Underground Empire] overreach. [I]f the [U.S.] weaponizes the dollar against too many countries, they...
Over P - Phase or Pump PC - Phase Comparison POTT - Pott: Permissive Overreaching Transfer Trip PUTT - Putt: Permissive Underreaching Transfer Trip R -...
Global Information