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Paper Topic:

Land law (uk)

OVERRIDING INTEREST UNDER UK LAND REGISTRATION ACT , 2002

What is an Overriding Interest under UK Land Registration Act , 2002

For certain reasons , certain charges will not appear on the register but they are binding on the buyer of the property . Thus the Land Registration Act , 2002 provides certain overriding interest on the property which will have binding effect even though these easements or lien is not registered in the Land Registry . The UK Government is trying to restrict the number of overriding interest that can be created against a property . Thus overriding

interest is limited to those that are very essential and can be reasonably ascertained by mere inspection of the property . The UK Government has not entertained the proposal to create a new class namely `general burdens ' which could be safeguarded without being registered

Thus the overriding interest act as an extra burden there by binding the purchaser to satisfy the claim of the overriding interest holder . The earlier 1925 Act contained uncontentious overriding provisions there are arguments against the rights of those who are in actual occupation of land . Thus the 1925 Act protected an interest in land where its owner is in actual occupation on the land and this resulted in the multiplication of litigation on this subject

Though the law commission actually wanted to curb this rights but it was compelled to retain the same so as to safeguard the rights through registration there by retaining these provisions in the LRA 2002 Act also . Thus the LRA 2002 Act retained the rights of the occupiers which could intrude the purchaser 's rights on the property . Schedule 3 Paragraph 2 of the LRA 2002 Act offer overriding interests of those in `actual occupation ' of the property to the detrimental interest of the purchaser of that land . The oddness of the Schedule 3 , Paragraph 2 of the LRA 2002 Act is that occupancy is itself is not superseding but rather the interest the occupier has in the land he occupies has the possible to become overriding

Under s 8 of Land Registration Act ,1925 that leases of 21 years and under are protected as overriding interests under s 70 (1 (k

Licensee 's interest can be protected by classifying their licenses to be legal leases so as to provide those binding successors in title . Thus they would be protected under overriding interests under s 70 (1 (k ) of the Land Registration Act , 1925

No overriding interest protection is available under s 70 (1 (k ) of the Land Registration Act , 1925 if the legal leases are too short and is not required for registration on their own right . Further Licenses are also not covered by s 70 (1 (K . Thus the licenses are of personal in nature and these rights can not affect the personal rights of successors in title to the landlord and as such they can not extend overriding interests under section 70 (1 (g ) as rights capable of extending protection by ` actual occupation of land

It...

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