Unregistered Interest Which Overrides under Land Registration Act 2002

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.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.