4.1.1 Registration of Title: Minor Interests and Overriding Interests - Introduction

Welcome to the second lesson of the fourth topic in this module guide - Registration of Title: Minor Interests and Overriding Interests. Most third party rights against a registered estate are either overriding or minor interests. If such a right is overriding, then it can bind a purchaser without appearing on the register of title. If the interest is minor and is entered onto the register, then it will be binding on purchasers of the estate. If it is not entered on the register, it will be void against the purchaser.

At the completion of this section, you should be comfortable understanding which unregistered rights will override a purchaser under the Land Registration Act 2002, including in particular how the actual occupation of a person may give rise to such overriding rights. You should also be able to understand how and why minor interests can be entered on to the register of title, including whether unprotected but protectable minor interests may still be effective if there are certain types of fraud involved.

This section begins by outlining how the Land Registration Act 2002 deals with overriding interests and why. It then goes on to break down the sub-categories of overriding interest that are still protected without registration. There is an in-depth discussion of unregistered interests of persons in actual occupation, which will result in an overriding interest only where ‘actual occupation’ can be established. The chapter goes on to consider the position of minor interests, both where they have been protected by way of notice in the register, and where they have not.

Goals for this Section

  • To understand what an overriding interest is, and when one arises.
  • To know what minor interests are, and how one can be protected.

Objectives for this Section

  • To be familiar with ‘overriding interests’ which are unregistered interests which can override registered dispositions.
  • Be able to explain how the actual occupation of a person can acquire them overriding proprietary interests.
  • To understand how minor, or registered rights, relate to land and are secondary to the registered estate.
  • To understand how and why minor rights can be registered.

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