Incumbrancer - Law Dictionary Search Results
Incumbrancer
Matched in: Term Incumbrancer
Encumbrancer
Same as Incumbrancer
Registration of title of land
legal estates, have priority over other minor interests, and as regards dealings effected after 1925 between assignees and incumbrancers of life interests, remainders, reversions and executory interests, priority is established by order of special priority cautions or
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Abstract of title
incumbrances, and they should have notice of the intended purchase, in order to exclude a subsequent purchaser or incumbrancer, since priority of notice gives priority of equity in dealings with equitable things in action, and dealings (after
Equity of redemption
the (English) L.P. act, 1925, so long as it subsists, may itself be mortgaged, and before 1926, each incumbrancer of the equity of redemption had preference according to his priority in time. Before 1926, the following dangers
Notice
ss. 79-83, and 87 of the (English) Companies Act,1929, avoided an unregistered mortgage as against a subsequent registered incumbrancer, even with express notice. The principle on which this case was decided has become statutory under the (English)
Searches
the land affected and the danger of an accidental omission of the name of an interim owner or incumbrancer is avoided. For depart-mental reasons against this practice at the Land Registry, see an article by the (English)
Land charge
Act, 1925, or under the (English) Companies Act, 1929, s. 79, does not, as against registered purchasers or incumbrancers, protect charges which should be registered or noted under the (English) Land Registration Act, 1925. See s. 23,
Mortgage
mortgagee upon sale or foreclosure, over the fee simple or term remaining in the mortgagor and against subsequent incumbrancers, see ss. 88 and 89. A mortgagee, however, cannot sell the mortgagor's beneficial interest apart from the legal
Statutory trusts
and cost of insurance, repairs, and other outgoings, upon trust for the persons entitled under the settlement, including incumbrancers of former undivided shares, or not secured by a legal mortgage, and where an undivided share was subject
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