The Learning & Resource Section

Overriding Interests in Registered Land

Overriding Interests in Registered Land

The categories of overriding interests are set out in Schedule 3 of the LRA 2002 which have since replaced the overriding interests that existed under section 70 of the Land Registration Act of 1925. There are three main interests which, if established can override any pre-existing rights that appear on the register and in terms of priority, they will rank in priority to bind a new owner. The three main interests are:

1. A legal lease of less than seven years

2. The proprietary rights of a person in actual occupation

  • The person must have a proprietary interest to begin with ( National Provincial v Ainsworth [1965])
  • The person must be in actual occupation at the time of the transfer ( Chhokar v Chhokar [1984])

3. An implied legal easement

  • Once an easement has been established it can be said to be “implied” if it is created through necessity, common intention or the operation of the rule in Wheeldon v Burroughs, by way of section 62 of the LPA 1925 or by prescription
  • Such an easement will be binding if the new owner has knowledge of the easement at the time of the disposition, if the easement was obvious on careful inspection of the land or if the person claiming the easement can show that they have been using it within the last year
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