Cohabitees and the Problem of Unoverreached Beneficial Interests: Time for a Rethink?
2021
The article questions whether the law on overreaching should be amended to protect occupiers' equitable interests in the family home. It uses a hypothetical scenario to explain how a potential buyer might overreach an occupier's overriding interest. It also considers the Law Commission's reform proposals and suggests a further way in which the law on overreaching could be simplified in order to give greater protection to equitable owners.
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