159:, a wife successfully claimed an overriding interest in a property her husband had mortgaged to support a failing business. Although she did not have a legal (titular) interest in the property, she had made substantial contributions to the purchase and was in actual occupation of the property, her overriding interest was upheld when the bank tried to take possession.
166:. If a purchaser were to buy property, only to find themselves subject to numerous restrictive or expensive obligations about which the seller did know and not and could not have been expected to have known, it is uncertain whether they could seek damages from an encumbering public or quasi-public body under Article 8 of the
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Property
Information Form invites the seller to confirm or deny the known examples of these interests, excluding leases which are dealt with by way of the contract for sale and purchase. Dealing with leases/tenancies is Standard Condition of Sale 3.3 on the part of the seller and the default special
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The existence of overriding interests is a standard question in a transaction — it must be confirmed, denied or 'not known' under the standard property information form used across
England and Wales. Nonetheless a right to light on the land or neighbouring land and clear, well-trodden paths
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Short-term leases (tenancies/leases of less than seven years) were excluded because to include them would entail large workloads of registration and on the basis of continuing a fluid rental and subletting market, where break clauses can be specified at will, restricted to a minimum one month's
56:(1925) agreed that for many classes of interest it would be unreasonable to expect certain interests to be registered, in which legislation they were termed overriding interests. Their list was reformed and simplified under legislation of 2002 in staggered reforms between that year and 2013.
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entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner.
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for example would be considered constructive knowledge under the deemed inspection of the property under
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has weakened, unless registered, to be valid against land owners as at 12 October 2013 and not subsequent owners according to the
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UKHL 4 (19 June 1980) The House of Lords
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There has been some academic debate over the effect on overriding interests of the
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is that all interests and rights over a piece of land have to be written on the
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The House of
Commons, House of Lords and tasked Royal Commission preparing the
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RHJ Ltd v FT Patten (Holdings) Ltd & FT Patten
Properties (Liverpool) Ltd
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as in force today (including any amendments) within the United
Kingdom, from
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Rights of people in actual occupation, perhaps unaware of their legal rights.
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condition on its reverse that the property is sold with vacant possession.
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Pages 13-14. The Law
Society of England and Wales. Retrieved 2015-03-12.
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For the oil and gas terminology of overriding royalty interest, please
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The Law
Society of England and Wales. Retrieved 2015-03-12.
73:, as it was not clear who should be made to register them.
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Rights to support from adjoining buildings or structures
130:Overriding interests are restricted to those in
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102:the body with the right enforce the rights.
83:Under the 2002 legislation the position of:
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252:The Church of England. Retrieved 201-30-12.
146:notice in the residential setting by the
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63:Tenancies/leases of less than seven years
185:. Section 8.4 of the standard seller's
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304:Simplify the Law. Retrieved 2015-03-12
274:Text of the Land Registration Act 1925
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59:Such interests principally include:
168:European Convention on Human Rights
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262:General summary of Right to Light
156:Williams & Glyn Bank v Boland
126:Background and present safeguards
314:William & Glyn Bank v Boland
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142:doctrine of legal precedent.
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148:Landlord and Tenant Act 1985
173:In any event principles of
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200:Land Registration Act 2002
136:Land Registration Act 1925
132:Land Registration Act 2002
170:referred to in that Act.
302:"Registration of Leases"
87:Rights for the historic
183:prescriptive easements
215:Overreaching Interest
164:Human Rights Act 1998
356:English property law
54:Law of Property Acts
250:Chancel Liabilities
153:In a leading case,
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278:legislation.gov.uk
210:Equitable interest
175:misrepresentation
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48:Overview
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69:Public
177:apply
31:is an
221:Notes
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