Law of Property (Miscellaneous Provisions) Act 1994: Difference between revisions

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{{a|security|}}One of those innocuous-sounding, understated, quintessentially British statutes that actually does some fairly important work.  
{{a|security|}}One of those innocuous-sounding, understated, quintessentially British statutes that actually does some fairly important work.  


It is this little fellow whom we can thank for vouchsafing to us the expression “[[full title guarantee]]” and its less fashionable, seldom-uttered brother “[[limited title guarantee]]”. In it, “[[property]]” includes intangible rights and similar [[thing in action|things in action]].
It is this little fellow whom we can thank for vouchsafing to us the expression “[[full title guarantee]]”, bringing with it covenants implied at law (and as to which see below) and its less fashionable, seldom-uttered brother “[[limited title guarantee]]” which, as you might expect, comes with less fulsome [[covenant]]s. In it, “[[property]]” includes intangible rights and similar [[thing in action|things in action]].


also, it implies a covenant, in Section 3(1), that
'''[[Full title guarantee]]''': Section 3(1) explains what full title guarantee means. It means you provide the property with an implied covenant, as follows:


{{box|3(1) If the disposition is expressed to be made with [[full title guarantee]] there shall be [[implied covenant|implied a covenant]] that the person making the disposition is disposing of the property free—<br>
{{box|3(1) If the disposition is expressed to be made with [[full title guarantee]] there shall be [[implied covenant|implied a covenant]] that the person making the disposition is disposing of the property free—<br>