Overriding Interests

• An overriding interest is a third party interest which a purchaser of registered title will be bound to, even if they do not know about the interest and it not showing up on the land register.
• Overriding interests are a particularly strong protected interest that a third party can have over a piece of land.

  • As they are interests which override the basic mirror principle in the land register, they are the highest form of protection that can be granted for a third party in registered title.
• Schedule 3 of the Land Registration Act 2002 outlines the remaining legal interests which override a registerable disposition.
• The overriding interests which are cited in schedule 3 are

  • Local land charges
  • Easement and profits a pendre
  • Leasehold estate in land
  • Interest of persons in actual occupation
• Actual Occupation

  • In order for actual occupation to amount to an overriding interest, there must be a priority right in conjunction with actual occupation, and this must be without enquiry into the property.
  • If these things are satisfied then actual occupation may amount to an overriding interest under Schedule 3