Overriding interests are
interests to which a registered title is subject
, even though they do not appear in the register. They are binding both on the registered proprietor and on a person who acquires an interest in the property.
What happens if you have an overriding interest?
Overriding interests are interests that are not registered at the Land Registry, but which still
bind a party who acquires land that is subject to that interest
. For example, an interest that belongs to a person in actual occupation will override the first registration of the land affected by that interest.
What are overriding interests in land?
Overriding interests are
interests to which a registered title is subject
, even though they do not appear in the register. They are binding both on the registered proprietor and on a person who acquires an interest in the property.
Why are overriding interests important?
Overriding interests are typically justified as
serving a legal and social need
that must be given prevalence over the “absolute certainty” of the registered title and title deeds.
How do you establish an overriding interest?
To enjoy overriding status there must be an interest in land, the interest must not be overreached,
there must be actual occupation at the relevant time
. In both situations actual occupation is required. There is no statutory definition of the term actual occupation.
What are disclosable interests?
An overriding interest is
any interest in land which “overrides” registration
, i.e. it is still valid and enforceable against land even though it is not registered against the land’s title. Examples of overriding interests include certain rights of occupation, easements, leases for a term of less than 7 years etc.
What is a registrable interest in land?
The entry of a notice into the Land Registry protects
the priority of a given interest against other interests in the land
(LRA 2002, s. 29(1) and (2)(a)(i)). These interests are referred to as registrable interests. It is however acceptable to refer to such interests as minor interests.
Is a beneficial interest an overriding interest?
To establish an overriding interest, the partner who doesn’t own the home must prove that:
they have a relevant interest in the property
, for example a beneficial interest or a tenancy. ... they were actually occupying the property at the time the buyer or lender registered title to the property.
Can a restrictive covenant be an overriding interest?
In regards to restrictive covenants and Notice requirements (see the above section ‘Notices’),
restrictive covenants cannot rank as any category of overriding interest
.
What is the mirror principle land law?
The mirror principle refers to the idea that
the due registration of a land title must reflect all the important and significant details that a purchaser must know before buying the land
.
Why do overriding interests conflict with the mirror principle?
These interests are sometimes called a ‘crack in the mirror’ because the Register does not reflect these binding rights; they contradict a fundamental essence of the registration system [5] . ... The
LRA tries to balance rights of purchasers and third parties with firmer rules
regarding overriding interests [8] .
What is an overriding interest questionnaire?
The questionnaire
asks the applicant to disclose any rights that affect the property of which they are aware
. It is for the applicant’s solicitor to decide which (if any) of them are disclosable overriding interests that need to be entered onto Form DI.
Can overriding interests be overreached?
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
.
What is doctrine of notice?
Under the doctrine of notice,
a bona fide purchaser of a legal estate for value takes priority over any pre-existing equitable interest which is not registrable as a land charge
, provided they did not have actual, constructive or imputed notice of their existence.
What is an overriding public interest?
What then can be classified as overriding public interest? ... Overriding public interest in the case of a statutory right of occupancy means
the requirement of the land by the Government of the State or by a Local Government in the State
.
What is legal easement?
An Easement has been defined as a
privilege to pass over the land of another
, whereby the holder of the easement, called the Dominant Estate, acquires only a reasonable and usual enjoyment of the property, and the owner of the land, called the Servient Estate, retains the benefits and privileges of ownership consistent ...
