Unregistered Interest Which Overrides under Land Registration Act 2002
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Under the Land Registration Act 2002 in England and Wales, there are certain unregistered interests that can override a registrable disposition (such as a sale or lease) of land. These overriding interests take priority over the rights of the new owner or the purchaser of the registered land. Here are some examples of overriding interests:
Interests of persons in actual occupation: If a person is in actual occupation of the land at the time of the registrable disposition and their interest is not protected by registration, it can override the new owner's rights. This can include tenants, occupants, or individuals with a right to occupy the land.
Interests of beneficiaries under trusts: If the land is subject to a trust and the beneficiary's interest is not protected by registration, it can override a registrable disposition. This applies to both express and implied trusts.
Legal leases: A lease with a term of more than seven years (or more than three years if the lease is not granted by deed) can be an overriding interest if it is not protected by registration. This means that the tenant's leasehold interest will take priority over a subsequent purchaser's rights.
Easements and profits a prendre: Easements (such as rights of way or rights to access) and profits a prendre (rights to take resources from the land, like timber or minerals) can be overriding interests if they are not protected by registration.
Rights of persons in actual occupation under certain leases: If a lease with a term of less than seven years (or three years if not granted by deed) is not protected by registration, the rights of a person in actual occupation under that lease can be an overriding interest.
These are general examples of overriding interests, and the specific requirements and conditions for each interest may vary. Additionally, there are certain limitations and qualifications for overriding interests under the Land Registration Act 2002.
Interests of persons in actual occupation: If a person is in actual occupation of the land at the time of the registrable disposition and their interest is not protected by registration, it can override the new owner's rights. This can include tenants, occupants, or individuals with a right to occupy the land.
Interests of beneficiaries under trusts: If the land is subject to a trust and the beneficiary's interest is not protected by registration, it can override a registrable disposition. This applies to both express and implied trusts.
Legal leases: A lease with a term of more than seven years (or more than three years if the lease is not granted by deed) can be an overriding interest if it is not protected by registration. This means that the tenant's leasehold interest will take priority over a subsequent purchaser's rights.
Easements and profits a prendre: Easements (such as rights of way or rights to access) and profits a prendre (rights to take resources from the land, like timber or minerals) can be overriding interests if they are not protected by registration.
Rights of persons in actual occupation under certain leases: If a lease with a term of less than seven years (or three years if not granted by deed) is not protected by registration, the rights of a person in actual occupation under that lease can be an overriding interest.
These are general examples of overriding interests, and the specific requirements and conditions for each interest may vary. Additionally, there are certain limitations and qualifications for overriding interests under the Land Registration Act 2002.
