Process of Overreaching

Process of Overreaching

In the context of property law in England and Wales, overreaching is a process that occurs during the sale of a property subject to a trust. It refers to the legal mechanism by which the interests of beneficiaries in the property are overreached or set aside when the property is sold or conveyed to a buyer.

The process of overreaching typically involves two key elements:
  1. Two trustees: For overreaching to take place, there must be at least two trustees who hold the legal title to the property. The trustees are typically individuals appointed to manage and administer the property on behalf of the beneficiaries.
  2. Payment to trustees: When the property is sold, the buyer pays the purchase price to the trustees, rather than to the beneficiaries directly. This payment is made with the understanding that it will be used to discharge any outstanding debts or obligations of the trust and to distribute the remaining funds to the beneficiaries in accordance with their respective interests.

The purpose of overreaching is to protect the interests of the buyer by ensuring that they obtain good and marketable title to the property, free from any undisclosed claims or interests of the beneficiaries. By paying the purchase price to the trustees, the buyer can acquire the property without the need to individually negotiate with or obtain the consent of each beneficiary.

Overreaching is typically facilitated through the execution of a deed of overreaching, which is signed by the trustees and the buyer. This deed serves as evidence that the buyer has fulfilled their obligation to pay the purchase price and that the interests of the beneficiaries have been appropriately overreached.

The process of overreaching only applies to properties subject to a trust and does not apply to properties owned solely by an individual. Additionally, overreaching does not extinguish the beneficiaries' underlying equitable interests in the trust property but rather transfers those interests to the proceeds of the sale.
Back to blog
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.