What Interests Purchaser of Absolute Registered Title Is Subject to?

When a purchaser acquires an absolute registered title to a property in England and Wales, they will typically take subject to certain interests that may affect the property. These interests are known as overriding interests and are listed in Schedule 1 of the Land Registration Act 2002. Here are some common examples of overriding interests:

Interests protected by actual occupation: If a person is in actual occupation of the property at the time of the purchaser's acquisition and their interest is not otherwise protected by a notice or restriction on the title register, their rights and interests will continue to bind the purchaser. This includes both legal and equitable interests, such as a tenant in possession, a co-owner who occupies the property, or someone with a right of way across the land.

Interests protected by notice: If a notice has been properly entered on the title register, the purchaser will take subject to that interest. Notices can be registered to protect various rights and interests, such as a lease, an equitable interest, or a right of way. The notice serves as a warning to anyone dealing with the property that a particular interest or claim exists.

Interests protected by restriction: Similarly, if a restriction is registered on the title, the purchaser will be subject to any restrictions specified in the entry. Restrictions typically involve requirements for consent or additional steps to be taken before certain actions can be carried out, such as selling or mortgaging the property.

Overriding easements: Some easements, such as rights of way or rights to access services, may not be specifically registered on the title but can still bind the purchaser if they exist and are not expressly excluded by the title documents.

It is important to note that these overriding interests will bind a purchaser regardless of whether they were aware of them at the time of acquisition. However, there are certain circumstances where overriding interests can be defeated, such as if the purchaser acquires the property for valuable consideration and is not aware (or should not reasonably be aware) of the interest at the time of acquisition.

When purchasing a property, it is crucial to conduct appropriate due diligence, including searches and inquiries, to identify any potential overriding interests or other matters that may affect the property. Consulting with a legal professional or conveyancer can help ensure that the purchaser understands the implications of these interests and any associated rights or obligations.
Back to blog

UOL Case Bank

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

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
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
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • 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


    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


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