Overriding interests | Practical Law

Overriding interests | Practical Law

Overriding interests

Overriding interests

Practical Law UK Glossary 5-107-6954 (Approx. 3 pages)

Glossary

Overriding interests.

Overriding interests were created by the Land Registration Act 1925 (LRA 1925). They are interests that are not protected on the land register but which nevertheless bind any person who acquires an interest in registered land, either on first registration or where there has been a registrable disposition of a registered estate that has been completed by registration. The LRA 1925 was repealed by the Land Registration Act 2002 (LRA 2002) which now refers to overriding interests as:
  • “Unregistered interests which override first registration”, which are dealt with under Schedule 1 to the LRA 2002, and
  • “Unregistered interests which override a registered disposition”, which are dealt with under Schedule 3 to the LRA 2002.
The class interests that have overriding status under the LRA 2002 are more restricted than under the LRA 1925, but include short leases, certain rights of people in actual occupation and unregistered legal easements.