Notices

• Registration of Interests

  • Where there are interests which exist over a piece of registered land, the owner should make this clear through placing an entry into the land register.
  • The aim of this is to ensure that the mirror principle is adhered to.
• However, there may be interests that exist which are not in the register but still bind the purchaser of an estate.

  • These are known as overriding interests, and these interests override a registerable disposition.
• Process of Registering Interests

  1. Notice
  2. Caution (removed in the 2002 reform)
  3. Restriction
• Notices

  • A notice is an entry into the land register which makes clear that the interest in which is the notice is being made is highlighted.
• If you have an interest which is a third party right in a piece of registered land, then the use of a notice is the easiest way to make sure that you protect that rights and have priority over those who may purchase the land in the process of a registerable disposition.