Overriding interests that find on first registration of a title. The methods of altering the priorities of interests. The extent of success of the land registration act 2002. Overriding interests are restricted to those in land registration act 2002 schedules 1 and 3 replacing section 70 of the land registration act. Overriding interests and the land registration act 2002 practical law. Essay the land registration act 2002 law land property. Overriding interests and the land registration act 2002. They first appeared in the land registration act 1925 and they progressed through to the current legislation, the land registration act 2002 lra 2002, albeit with some. Doc land registration act 2002 and overriding interests hemant. Presented to parliament pursuant to section 32 of the law commissions act 1965. The interests binding on first registration are set out in schedule 1.
The reforms of the land registration act 2002 this. Those contained in schedule 1 will automatically bind any purchaser of land on the first registration of that land despite not being granted or reserved by the title deeds for that land. One of the special concepts in land law is of overriding interests. You should also be able to understand how and why minor interests can be entered on to the register of title, including whether unprotected but protectable minor interests may still be effective if there are certain types of fraud involved. Impact of overriding interests under land registration act. The core aim of the land registration act lra 2002 is to ensure that ownership of land in england and wales takes the form of title by registration, rather than registration of title. The extent of success of the land registration act 2002 introduction being one of the most extensive law reforms of the law commission, land registration act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. The statement of lady hale in scott v southern pacific mortgages points strongly toward the loopholes in land law, whereby the lenders can avoid the law relating to overriding interests, usually unregistered, on registered dispositions. The grounds for reform of overriding interests contained in the land registration act 2002 lra 2002, arose as a result of criticism of the category of overriding interests under the land registration act 1925. Overriding interests in registered land digestible notes.
The act separates out those interests which are binding on the first registered proprietor from those interests which bind the person to whom a disposition is made on a subsequent disposal of registered land. In other words, schedule 3 of the land registration act 2002 lists 9 unregistered right in rem which take priority over a newly grantedtransferred right in rem, despite these listed right being registered on the charges register. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The cause and effect of antipathy to documentary proof. Overriding interests and their disclosure pg15 gov. This marks a radical departure from centuries of land law, which established possession as the basis of title. That is, where the interest arises under a settlement under the settled land act 1925. A critical analysis on the abolition of overriding interests. Revised legislation carried on this site may not be fully up to date. Overriding interests are a controversial part of land law in england and wales, as their existence means that the register cannot be a true reflection of the land.
The land registration act 2002 in context land law underwent fundamental reform as a result of the 1925 legislation. The rules under land registration act 2002 lra 2002 governing the priority of such proprietary interests october 2003. Dixon, martin john, protecting third party interests under the land registration act 2002 january 2008. Land registration act 2002 is up to date with all changes known to be in force on or before 27 august 2019. Minor interests and overriding interests lecture overriding interests. Overriding interests are not protected on the land register but they bind a party who acquires an interest in the land.
Hence, as stated in section 71 of land registration act 2002, there is a uty of the people to ensure every unregistered right in a land should be registered to further improve the system. Lra 2002 has defined title in terms of registration, i. Contemporary perspectives on property, equity and trust law, martin dixon and gerwyn ll h griffiths, eds. Differences between the land registration act 2002 and 1925. The land registration act 2002 the show on the road. Sometimes even an unregistered proprietarty interest right in rem will take priority over a newly grantedtransferred right in rem. The lra 2002 and land registration for the twentyfirst century 2. In addition the land registration act 2002 distinguishes, for the first time, between interests that override first registration and those that override subsequent registrable dispositions. A transitional provision schedule 12, paragraph 9 of the land registration act 2002 relates to an easement or profit which was an overriding interest in relation to a registered estate. Case law based on lpa 1925 directly equivalent provisions may still be cited in the event of disputes under the stare decisis doctrine of legal precedent. Land registration act 2002 is up to date with all changes known to be in force on or before 08 april 2020.
All registered dispositions of a registered estate must take effect subject to those unregistered interests which are said by the land registration act lra 2002 to override such dispositions lra 2002, s. Easements and profits that are crafted after 12 october, 2003 by implied grant or by prescription. Overriding interests and their disclosure pg15 the law relating to overriding interests for conveyancers and how it changed under the land registration act 2002 practice guide 15. The four of real importance are interests a25, f26, g27 and k28. The land registration act lra 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests oi, which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. The land registration act 2002 often regarded as outdated and rooted in medieval concepts, is an attempt to reshape conveyancing to ensure its compatibility with the commercial world of the twentyfirst century. Land registration is central to the process of conveyancing. Any other kind of interest in land is classed under the land registration act 2002 as a third party interest in land. Start studying units 45 third party rights in land. The purpose of enacting the land registration act 2002, was to combat the uncertainties evolved around the previous act, land registration act 1925.
Bringing land registration into the twentyfirst century. It was suggested in the law commission report 1987 on overriding interests that a reform was needed, which. Overriding interests were created by the land registration act 1925 lra 1925. Doc land registration act 2002 and overriding interests. So, they override registered dispositions through section 292aii of the land registration act 2002. Disclosable overriding interests questionnaire version 2. Overriding interests caused uncertainty and have been the subject of several reports attempting to deal with the problems. Doc impact of overriding interests under land registration act 2002 mabroor jameel academia. They frustrate the mirror principle of land registration, there is little justification for their continuing existence, and they ought to have been. For many years overriding interests in registered land have been the centre of debate see s. Reminder of the context in which the question of overriding interests arises 1. A principle example of overriding interests is the interest of a. Notes that the 2002 act contemplates the introductionof registration for leases of over three years, which would lead to a reduction in the scope of overriding interests paragraph 2, schedule 1 to the land registration act 2002. Overriding interests are currently defined in schedule 1 and schedule 3 of the land registration act 2002.
Overriding interest involve legal leases that granted for 7 years or under, legal easements and profits a prendre, interests of persons in actual occupation, local land charges. Even under the land registration act 2002 there are some unregistered interests that can override disposition. Overriding interests are restricted to those in land registration act 2002 schedules 1 and 3 replacing section 70 of the land registration act 1925. Minor interests and overriding interests introduction. This section begins by outlining how the land registration act 2002 deals with overriding interests and why.
The lra 1925 was repealed by the land registration act 2002 lra 2002 which now refers to overriding interests as. A critical analysis of the undermining of the mirror principle presented by overriding interests. Land registration act 2002 explanatory notes legislation. The act separates out those interests which are binding on the first registered. Under the land registration act 1925 overriding interests accounted. This appears to operate against the underlying principle of the registered land. Units 45 third party rights in land flashcards quizlet.
Such interests include all equitable interests over land, covering equitable easements and mortgages, restrictive covenants, interests behind a trust and estate contracts. One reason for such controversy is the nature of this group of. This act may be cited as the land registration act, 2012. To add to this, the land registration act 2002 intends to add on the number of details which can be registered once the econveyancing system is up and running. The law relating to overriding interests for conveyancers and how it changed under the land registration act 2002 practice guide 15. Paragraph 2 provides that, an interest belonging to a person in actual occupation of land overrides registered dispositions, subject to four exceptions. The categories of overriding interests are set out in sch 3 of the act which replaced the overriding interests which existed under s. The purchaser of registered land is to search the register to discover any third party proprietary interests.
It is this dichotomy that transforms the english land law into a systematic organisation. They are interests that are not protected on the land register but which nevertheless bind any person who acquires an interest in registered land, either on first registration or where there has been a registrable disposition of a registered estate that has been completed by registration. Update on the actual occupation overriding interest stephanie tozer introduction. Unregistered interests which override registered dispositions. Differences between the land registration act 2002 and.
The classifications of overriding interests are discussed in schedule 3 of the land registration act 2002 which replaced the s. Further, for a system which abhors the informal it is an anomaly to encourage overriding interests. Easements and profits that pre exist on 12 october, 2003. All registered dispositions of a registered estate must take effect subject to those unregistered interests which are said by the land registration act lra 2002 to. Land registration act 2002 and overriding interests. The disponee of the registered title takes the title subject. The first exception is the same as the exception that applies on first registration. Assesses the impact of the substantive changes in the land registration act 2002, designed to facilitate future econveyancing, on ordinary paperbased transactions. Unregistered interests which override first registration. Overriding interest is an english land law concept. Overriding interests and the lra 2002 a critical analysis by abdul rehman yasin it is unsatisfactory that the land registration act 2002 retained a category of overriding interests. Interests which override at first registration are defined in schedule 1 to the 2002 act and interests which override following a transfer of land that is already.
What is an overriding interest under uk land registration. Under the land registration act 2002, the applicant must disclose on form di with certain specified exceptions any unregistered interests that override first registration or registered dispositions that are within the actual knowledge of the applicant, when making an application for first registration or an application for registration of a registrable disposition of a registered estate. The reform of property law and the land registration act. The land registration act lra 1925 2290 words bartleby. The general rule in registered conveyancing is that all interests and rights over a piece of land have to be written on the register. Under the land registration act, 2002, the following overriding interests are automatically binding on purchasers of any property. There are changes that may be brought into force at a future date. The land registration act 2002 contains a number of mechanisms by which overriding interests will be brought into the register.