An overriding interest is any interest in land which “overrides” registration, i.e. it is still valid and enforceable against land even though it is not registered against the land’s title. Examples of overriding interests include certain rights of occupation, easements, leases for a term of less than 7 years etc.
Overriding interests are interests that are not registered at the Land Registry, but which still bind a party who acquires land that is subject to that interest. For example, an interest that belongs to a person in actual occupation will override the first registration of the land affected by that interest.
Subsequently, question is, are easements overriding interests? If the easement forms an “overriding interest” within the meaning of the Land Registration Act 2002 (“LRA”). This means that it overrides the sale/lease of the land and binds the purchaser even though it is not noted on the title.
Also to know is, is actual occupation an overriding interest?
To enjoy overriding status there must be an interest in land, the interest must not be overreached, there must be actual occupation at the relevant time. In both situations actual occupation is required. There is no statutory definition of the term actual occupation.
Why do overriding interests still exist?
The concept of overriding interests is relevant only to land that is registered at the Land Registry. If you are the owner of land affected by one of these overriding interests, you will still be subject to it on and after 13 October, because it was an overriding interest when you acquired the land.
What is an unregistered interest?
unregistered interest means any Investor Interest that has not been registered under the Securities Act and is subject to the provisions of Section 2.15 of the Indenture.
Are restrictive covenants overriding interests?
It is not currently possible to register the benefit of a restrictive covenant because it is only an equitable, not a legal, interest. However, land obligations would take effect as legal interests in land and both the benefit and burden of the obligation would have to be registered.
Can land be stolen?
Property owners are usually well aware of the steps they can take to prevent their possessions from being stolen, but may not realise that their title to land that they own could also be at risk. In the case of land, this phenomenon has become known as ‘title theft’.
What is an overriding royalty interest?
An overriding royalty interest is the right to receive revenue from the production of oil and gas from a well. The overriding royalty is carved out of the lessee’s (operator’s) working interest and entitles its owner to a fraction of production.
Is an equitable lease an overriding interest?
An equitable lease in registered land can be protected by overriding interests. As a equitable lease is a valid interest and Mr and Mrs E have obvious actual occupation of property five. Furthermore protection by notice can also be used as equitable leases are not excluded from being charges by way of notice.
What does profit a prendre mean?
A profit (short for profit-à-prendre in Middle French for “right of taking”), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another.
What is a proprietary interest?
Proprietary interests are profits, rights, ownership shares or advantages held by the full or partial owner of a tangible or intangible asset or property.
How do you prove real occupation?
The relevant factors included: the degree of permanence and continuity of presence of the person concerned. the intentions and wishes of that person. the length of, and reason for, absence from the property. the nature of the property. the personal circumstances of the person.
What is the mirror principle in land law?
The Mirror Principle And The Land Act Of 2002. The mirror principle refers to the idea that the due registration of a land title must reflect all the important and significant details that a purchaser must know before buying the land.
What is a registrable disposition in land law?
Registrable disposition means a disposition which is required to be completed by registration under s. 27, LRA 2002. In the case of dispositions only, an interest is not protected if it is not obvious, on a reasonably careful inspection of the land, that the person claiming it is occupying the land.
Why was the Land Registration Act 1925 introduced?
The basic premise of the Act was that interests in registered land had to be registered in order to bind future purchasers of the property.
What is actual occupation land law?
UK: Meaning of Actual Occupation The case concerned whether a person was “in actual occupation” of registered land pursuant to the Land Registration Act 2002 and so had an overriding interest which would defeat a lender’s claim for possession.
What is easement in land law?
An easement is a legal right benefiting property or a piece of land (known as the dominant land) that is enjoyed over another piece of land owned by somebody else (servient land). Less commonly, there are negative easements which prevent a servient landowner from doing something on their own land.
Can you terminate an easement?
If you are the dominant estate holder, you can terminate an easement through abandonment. The first step in terminating an easement through abandonment is to cease to use the easement at all. If you are the servient estate holder, you can terminate an easement through prescription.