Chapter 3: Outline answers to essay questions.
Overriding interests were created by the Land Registration Act 1925 (LRA 1925). 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.
In its report Land Registration for the 21st Century, the Law Commission stated 'Given that overriding interests operate in effect outside the register, it is clearly important that the range of such rights should be defined with as much precision as possible and that the list should be no wider than necessary'. With reference to decided case law and the changes implemented by the Land.
However, it is argued that because of the long list of overriding interests under Section 70, that all interests should be abolished to make the register reflect the true nature of the land. 6 Therefore in the Land Register Act 2002, overriding interests are regarded to as “unregistered interests which override a first disposition and unregistered interests which override registered.
What is an Overriding Interest under UK Land Registration Act, 2002? Essay Sample. For certain reasons, certain charges will not appear on the register but they are binding on the buyer of the property. Thus the Land Registration Act, 2002 provides certain overriding interest on the property which will have binding effect even though these easements or lien is not registered in the Land.
Overriding interests are certain interests or rights on the land, which are not mentioned in the registers. These interests will override the already registered dispositions. The burden of this interest should be shouldered by the purchaser. For example, if there is some kind of short term lease on the property, people may consider it too minor to have legal implications. In such cases, there.
OVERRIDING INTEREST QUESTIONNAIRE Under the Land Registration Act 2002, it is very important that details of overriding interests are clearly disclosed to your Buyer’s Solicitors as they will be obliged to notify these to the Land Registry when they apply to have the Buyer’s title registered. Indeed, failure to disclose overriding interests to your Buyer may well amount to.
Despite the reduction of overriding interests in the Land Registration Act 2002, the presence of overriding interests is still a serious and unjustified distortion of the mirror principle. Discuss this statement with reference to case law and academic commentary. Assessment criteria: The attached guidance is in addition to the general assessment criteria guidelines for degree classifications.