An unregistered disposition which overrides a registered disposition.
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Which interests which override on first registration ?
Legal leases not exceeding 7yrs, interests of persons in actual occupation, legal easements and profits (not equitable), misc (local land charges)
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What interests override on subsequent registration
Leases,Legal with more than 7yrs are registrable dispositions legal leases not exceeding 7yrs are overriding equitable leases should be protected by registration as minor interests but if not & leaseholder is in actual occupation may be overridden
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What are overriding interests of occupiers?
Interest of a person in actual occupation except: 1.An interest where enquiry was made BEFORE disposition & failed to DISCLOSE the right when REASONABLY EXPECTED 2.Interest of a person whos occupation wasn't OBVIOUS on REASONABLE INSPECTION
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How should you approach problem based questions on this topic?
Does the person claiming have a legal or equitable interest in the land? Was he/she in actual occupation at the time of disposition? If so do they have overriding interest? Is it binding on purchaser? Apply the 2 tests (i) (ii) sch 3 para 2 LRA 2002.
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When does a right qualify for overriding status? What cases support this?
National Provincial Bank v Ainsworth - When its a proprietary interest in land (legal or equitable). Thompson v Foy - Where the interest has arisen under a resulting/consecutive trust where the party has contributed to cost but is not owned by them.
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What is meant by occupation? What cases support this?
Williams Glyn's Bank v Boland - Lord Wilberforce explained 'actual' meant PHYSICAL PRESENCE was required. Temp absence Chhokar vChhockar - mental health facility (intended to return and possessions still there) Thomas v Clydesdale (renovation)
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What legal easements and profits can be overriding?
Those created: by implied reservation, by implied grant, by prescription. Where the person entitled to the easement/profit proves it has been used in the yr previous - will always be overriding.
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What transitional provisions can be overriding?
Legal leases which were overriding before 13th Oct 03. Legal and equitable easements & profits which were overriding before 13th oct 03 remain so, Interests which cease to be overriding in 2013.
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What are the justifications of the existence of overriding interests?
1. Can easily be discovered by a purchaser 2. Value which is protected by the overriding interest is greater than the value of having all interests registered. 3. It is not worth putting some interests on the register.
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Other cards in this set
Card 2
Front
Which interests which override on first registration ?
Back
Legal leases not exceeding 7yrs, interests of persons in actual occupation, legal easements and profits (not equitable), misc (local land charges)
Card 3
Front
What interests override on subsequent registration
Back
Card 4
Front
What are overriding interests of occupiers?
Back
Card 5
Front
How should you approach problem based questions on this topic?
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