Overriding interests are currently defined in Schedule 1 and Schedule 3 of the Land Registration Act 2002. Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds. Click to see full answer.
Full Answer
What is overriding interest in Land Registration Act 2002?
Overriding interests are currently defined in Schedule 1 and Schedule 3 of the Land Registration Act 2002. Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds. Click to …
Why did the Land Registration Act come into force?
· In the Court of Appeal, Nicholls LJ acknowledged the difficulties of s.20 of the 1925 Act which focused on the position at the time of registration and s.70 (1) (g), which gave rights to persons in occupation of the land at the time when the purchaser or mortgagee acquired the estate or interest. This difficulty was due to the ‘gap’ between ...
What is an unregistered interest in land?
S.29 (2) (a) (ii) Land Registration Act 2002 gives priority to overriding interests even though they are not protected on the register. The categories of overriding interests are set out in Sch 3 of the Act which replaced the overriding interests which existed under s.70 Land Registration Act 1925. Overriding interest include leases under 7 years, legal easements and profits a prendres, public …
What is the Land Registration Act 2002 (LRA)?
The LRA 2002 has therefore reduced the circumstances in which overriding interests can exist. The policy behind the Act is that interests should only have overriding status where protection against buyers is needed, but where it is neither reasonable to expect nor sensible to require any entry on the register.
What is the purpose of the Land Registration Act 2002?
The Land Registration Act 2002 came into force on 13 October 2003. Its purpose is to modernise land registration so that the register provides a complete and accurate reflection of the state of the title of the land at any given time. This will require additional land interests to be registered.
What happens if you have an overriding interest?
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.
What is the purpose of the Land Registration Act 1925?
The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales.
What is overriding interest in land law UK?
Overriding interests are interests to which a registered title is subject, even though they do not appear in the register. They are binding both on the registered proprietor and on a person who acquires an interest in the property.
Are overriding interests protected?
S. 29(2)(a)(ii) Land Registration Act 2002 gives priority to overriding interests even though they are not protected on the register.
Are overriding interests legal or equitable?
The LRA 2002 provides that overriding interest protection will be confined to legal rights alone for easements and profits, and will not extend to equitable easements and profits (LRA 2002, Schedule 3, para 3(1)).
How has the Land Registration Act 2002 changed the system of land registration?
The Act introduces a new scheme for protecting the interests of registered proprietors against the acquisition of title by persons in adverse possession, or “squatters”. A squatter will be able to apply to be registered as proprietor after ten years' adverse possession.
Is Land Registration Act of 1925 still valid?
There are currently no known outstanding effects for the Land Registration Act 1925 (repealed).
Why was the Law of Property Act 1925 introduced?
The Law of Property Act (LPA) 1925 was introduced with a batch of other legislation and was intended to modernise the law and render “the sale of land as rapid and as simple as the sale of goods”; and to simplify conveyancing and facilitate the alienability of the land, with the pinnacle [being] the successful ...
Why are overriding interests important?
Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds.
Which principle of registration is breached by overriding interests in registered land?
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.
Can overriding interests be overreached?
An overriding interest which arises out of the interest of a person in actual occupation, or out of any other equitable interest or power to which section 2 of the Law of Property Act 1925 applies, does not defeat overreaching.
What does overriding public interest mean?
Overriding public interest simply means the acquisition of private individual's land for the use of the government for the benefit of the state.
Why are overriding interests important?
Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds.
What does overriding mean in law?
1 : to prevail or take precedence over if, as is often the case, federal constitutional principles override state statutory or common law— H. P. Wilkins. 2 : to set aside by virtue of superior authority overrode the jury's sentencing recommendation especially : annul sense 2 override a veto with the required majority.
What is the difference between overreaching and overriding interests?
If such a party claims an overriding interest in the land, that interest is converted by attaching a monetary interest to the land, such as a purchase price, and the interest claimed by the party is 'overreached'; this conversion is often referred to as the doctrine of equitable conversion.
What are overriding interests?
Overriding interest include leases under 7 years, legal easements and profits a prendres, public rights of way, local land charges, mines and minerals, franchises, manorial rights, a right to rent reserved to the Crown, non statutory rights in respect of an embankment or sea or river wall, right to payment in lieu of a tithe, a right in respect to the repair of a church. In addition, under Para 2 Sch 3, any interest belonging to a person in actual occupation.
What is overreaching in land?
Overreaching operates to transfer the rights from the land to the proceeds of sale. There is therefore no longer any interest in land capable of being protected by actual occupation. This position was stated in:
What is the relevant time for actual occupation under s.70 (1) (g)?
Abbey National Building Society v Cann [1991] 1 AC 56 established that the relevant time for actual occupation under s.70 (1) (g) was the date of completion of the transaction rather than the date of registration thereby avoiding the potential problem of later occupation occurring during the 'registration gap' which the purchaser had no way of protecting themselves. However, the wording of Sch 3 para 2 has cast doubt on whether this is still the position:
What is actual occupation?
2. Where the person claiming the interest is in actual occupation and the person to whom the disposition is made has actual knowledge of the interest. In both situations actual occupation is required. There is no statutory definition of the term actual occupation.
What is the present act of land registration?
However, the present act of the land registration is Land Registration Act 2002 which is following in every kind of land registry system. This act is totally opposite of all previous acts and it creates lot of major changes into the land registry system. Because of this act the land registry system do not need to write in ...
What is S.4 of Land Registration Act 2002?
S.4 of Land Registration Act 2002 confirms that it is exclude the unregistered land and from the facilities. According to the Land Registration Act 1925 overriding interest are nothing new and existed.
What is overriding status?
Furthermore, overriding status have the ability to protect those rights which begin informally. As Jackson stated that, “The rationale that underpins the informal acquisitions of interests in land would be defeated by a prescriptive method of ensuring their priority against a purchaser”.
Why is voluntary registration important?
Furthermore, the people who has got many lands, for them voluntary registration is very useful as it is ensure the real ownership of the property as well as confirm that the land is secure by the government. S.4 of Land Registration Act 2002 confirms that it is exclude the unregistered land and from the facilities.
When was compulsory first registration introduced?
In the event of land registry system, the title of compulsory first registration must have to be included in the land registry system which was introduced in the Land Registration Act 1897. This act comparably bit smaller than the new Land Registration Act 2002. Wherever land selling and purchasing happened, in that time ...
Why do land registry systems not need to write in paper?
The main part of this act is, it saves time and secures file as the communication make through electronic form.
When was the Land Registration Act created?
Although the Royal Commission created this act, in that time they have amended so many rules and places of those act. Eventually, in the year 1925 they have made their decision and introduced a new act which is the Land Registration Act 1925.
What is the purpose of the Land Registration Act 2002?
The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’ , rather than ‘registration of title’.” [ 1] This marks a radical departure from centuries of land law, which established possession as the basis of title. [ 2] By single-mindedly and ruthlessly focusing on registration as the way to, and proof of, title, the 2002 Act both seeks to impose order on land ownership, and protect it more vigorously. Undoubtedly both aims are partially achieved. However, I propose to argue that the Act’s statutory vision of a perfect orderly register will never be wholly realised; firstly, because the Act was not ruthless enough, retaining overriding interests despite being anathema to rational order, and secondly, because the Act’s ruthlessness in pursuit of said order led to the provision of a statutory framework for adverse possession, which provided a platform for it to thrive and survive, not ‘off the record’, but within the confines of registration as the epitome of land law.
What is the practical change resulting from the creation of the Land Register?
The practical change resulting from the creation of the land register is that legal ownership of land now follows from the fact of registration, rather than from the documentary or other evidence submitted ‘in support’ of an application to register. [ 8] The principles governing the register are three-fold.
What is the impact of the 2002 Act on adverse possession?
Arguably, the 2002 Act: “relegate [s] [adverse possession] to two peripheral roles, functioning both as a way of making abandoned land marketable and also as an element in procedures for resolving boundary disputes.”. [ 30]
What is adverse possession?
Adverse possession requires an intentional and factual possession of land which is not yours without the owners consent. [ 25] It has been widely argued that adverse possession is an important method of challenging hollow legal ownership and that acquiring ownership by sustained use over a period of time is a valuable means of promoting the efficient use of a scarce commodity. [ 26] It prevents ‘paper owners’ from simply ‘sitting on’ their asset and continually ousting those who seek to make practical use of the land. Though some commentators consider that it amounts to ‘land theft’ [ 27] the legislature took the opposite view and allowed adverse possession to remain a possibility under the new regime.
Does adverse possession limit the protection afforded by registration?
Secondly, the doctrine of adverse possession continues to significantly limit to the protection afforded by registration , and, indeed, has been given legislative permission to do so. By detailing within the legislation how adverse possession can operate, the Act has given it a platform on which to thrive, and the lengthy guidance for practitioners published by the Land Registry certainly suggests this to be a viable challenge to be taken seriously. [ 24] It seems ironic that the very same Act which seeks to protect title to land contains an explicit framework for squatters to operate legitimately.
Is the 2002 Act a cordon?
Some interests are protected in other ways. [ 22] 23The 2002 Act has put a tighter cordon around overriding interests, and has also made it compulsory for applicants for registration to specify interests of which they are aware ; nonetheless, they inherently undermine the sanctity of the register.
Why is it unreasonable to expect registration of these interests?
It was deemed unreasonable to expect registration of these interests because their “informal acquisition [ 20] would be defeated by a prescriptive method of ensuring their priority.” It also seemed “pointless or inconvenient” for registration [ 21] which would merely ‘clutter’ the register and incur work disproportionate to the benefit. Some interests are protected in other ways. [ 22] 23The 2002 Act has put a tighter cordon around overriding interests, and has also made it compulsory for applicants for registration to specify interests of which they are aware; nonetheless, they inherently undermine the sanctity of the register. Further, for a system which abhors the informal it is an anomaly to encourage overriding interests to operate informally, and to skim over interests which bind for less than 7 years; quite a considerable length of time in a modern world.
What is a land register?
updating and disseminating information about the ownership, value and use of land; “land register” means the land register compiled under section 7; “lease” means— (a) a lease or sublease, whether registered or unregistered of land; or (b) a short-term lease or agreement to lease; “legal incapacity” means a person of unsound mind or a person under the age of eighteen years; “lender” means a person to whom a charge has been given as security for the repayment of an advance of money or money’s worth or to secure a condition; “lessee” means a person to whom a lease is granted or a person who has accepted a transfer or assignment of a lease; “lessor” means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease; “licensee" means the person occupying land in accordance with the terms of a license; "licensor" means the person granting or giving a licence; "lien" means the holding by a lender of any document of title relating to land or a lease as security for an advance of money or money's worth or the fulfillment of a condition; “parcel” means an area of land separately delineated on the cadastral map; “parcel register” means the folio of the land register kept in respect of a parcel of land or a registered lease; "partition" means the separation, by legal instrument, of the share in land or a lease held by owners in common so that each owner takes their share free of the rights of the others; "periodic lease" means a lease from year to year, half year to half year, quarter to quarter, month to month, week to week or the like;
What are the powers of a land registrar?
14. The Chief Land Registrar, County Land Registrars or any other land registrars may, in addition to the powers conferred on the office of the Registrar by this Act— (a) require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same; (b) summon any person to appear and give any information or explanation in respect to land, a lease, charge, instrument, certificate, document or plan relating to the land, lease or charge in question, and that person shall appear and give the information or explanation; (c) refuse to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Act is not performed; (d) cause oaths to be administered or declarations taken and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by statutory declaration; and (e) order that the costs, charges and expenses as prescribed under this Act, incurred by the office or by any person in connection with any investigation or hearing held by the Registrar for the purposes of this Act shall be borne and paid by such persons and in such proportions as the Registrar may think fit.
What is the original and duplicate of a lease?
On the registration of any disposition of a lease or charge, the original and the duplicate of the lease or charge shall, unless the Registrar is satisfied that they cannot be produced, be produced to the Registrar, who shall note particulars of the disposition on the lease or charge and on the duplicate.
What is a title 24?
24― Interest conferred by registration. 25―Rights of a proprietor. 26―Certificate of title to held as conclusive evidence of proprietorship. 27―Transfer without valuable consideration.
What is the power to alter boundary lines?
(1) The office or authority responsible for the survey of land may rectify the line or position of any boundary shown on the cadastral map based on an approved subdivision plan, and such correct ion shall not be effected except on the instructions of the Registrar, in writing, in the prescribed form, and in accordance with any law relating to
What is the purpose of the Act of Parliament?
AN ACT of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes ENACTEDby the Parliament of Kenya, as follows— PART I—PRELIMINARY. Short title. 1.
Does each registry have an official seal?
Each registry shall have an official seal, and every instrument bearing the imprint of the seal shall be received in evidence and, unless the contrary is proved, shall be deemed without further proof to be issued by or under the direction of the Registrar. Appointment of officers. 12.