Overriding Interests in Land Law
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Which of the following is NOT a category of overriding interests under the LRA 2002?

  • Property rights of persons in actual occupation
  • Short legal leases
  • Easements and profits
  • Equitable leases (correct)

    • What is the primary purpose of an overriding interest?

  • To protect certain unregistered interests from being extinguished by later registrations (correct)
  • To provide more flexibility in the registration process
  • To ensure that all interests in land are registered
  • To simplify the process of acquiring land

    • What is the current legislation that addresses the rights of persons in actual occupation of land?

  • Williams & Glyn’s Bank v Boland
  • National Building Society v Cann
  • LRA 1925
  • LRA 2002 (correct)

    • According to the LRA 2002, how long must a lease be to qualify as a short legal lease and therefore an overriding interest?

    <p>7 years or less (B)</p> Signup and view all the answers

    What constitutes 'actual occupation' according to Williams & Glyn’s Bank v Boland?

    <p>Physical presence on the land (D)</p> Signup and view all the answers

    Which of the following conditions must be met for an easement to qualify as an overriding interest under the LRA 2002?

    <p>It must be created by prescription or implication (B)</p> Signup and view all the answers

    Which of the following is NOT a requirement for a legal easement to qualify as an overriding interest under the LRA 2002?

    <p>It must be registered on the land register (B)</p> Signup and view all the answers

    In National Building Society v Cann, the court stated that...

    <p>The concept of occupation varies depending on the nature and purpose of the property. (C)</p> Signup and view all the answers

    What is the effect of an overriding interest on a registered proprietor of the land?

    <p>The registered proprietor is bound by the overriding interest and cannot terminate it. (D)</p> Signup and view all the answers

    In Chhokar v Chhokar, what was the key factor in determining that the beneficiary was in actual occupation, despite being temporarily absent?

    <p>The beneficiary's intention to return to the property. (A)</p> Signup and view all the answers

    In the context of actual occupation, when is the relevant date to consider?

    <p>The date the new proprietor purchases the property. (B)</p> Signup and view all the answers

    How does the LRA 2002 address the concept of overriding interests from the perspective of first registration and subsequent registered dispositions?

    <p>Overriding interests are relevant for both first registration and subsequent registered dispositions. (A)</p> Signup and view all the answers

    How do overriding interests relate to the concept of the 'Mirror Principle' and the 'Curtain Principle' in land registration?

    <p>Overriding interests are exceptions to the 'Mirror Principle' and 'Curtain Principle' because they are unregistered rights that bind the registered proprietor. (B)</p> Signup and view all the answers

    The Link Lending Ltd v Hussain case established which of the following regarding actual occupation?

    <p>The court must consider all relevant factors when deciding if there is actual occupation. (A)</p> Signup and view all the answers

    What is a key condition for the protection of a person's interest in actual occupation?

    <p>The person's interest must relate to the land they are occupying. (D)</p> Signup and view all the answers

    What is a potential consequence if a person in actual occupation fails to disclose their interest when asked?

    <p>They may lose their protection under property rights legislation. (B)</p> Signup and view all the answers

    Flashcards

    Overriding Interest

    An interest in registered land that binds the registered proprietor without needing protection by register entry.

    LRA 2002 Categories

    LRA 2002 distinguishes overriding interests into short leases, actual occupation rights, and easements/profits.

    Short Legal Leases

    Leases of 7 years or less qualify as overriding interests under LRA 2002.

    Easement

    A property interest allowing use of another's land or restricting its use.

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    Legal Easements vs. Equitable Easements

    Only legal easements can be overriding interests, while equitable easements are not.

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    Conditions for Overriding Interests

    Must be legal, known to purchaser, obvious on inspection, and used in the last year.

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    Actual Occupation Rights

    Property rights for persons who are physically occupying the land, recognized as overriding interests.

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    Adverse Possession

    A method to acquire ownership by continuous possession without permission, recognized under certain conditions.

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    Actual Occupation

    The physical presence on land, regardless of legal entitlement.

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    LRA 1925 s. 70(1)(g)

    Gives rights to a person in actual occupation unless rights are hidden if enquired.

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    LRA 2002 Sch 3 Para 2

    Current law affirming rights of those in actual occupation.

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    Determining Actual Occupation

    A fact-based query assessing someone's physical presence.

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    Temporary Absence

    A person remains in actual occupation despite not being physically present.

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    Date of Occupation

    Relevant occupancy date is the transfer date, not registration date.

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    Occupation Test Factors

    Various factors determine actual occupation like permanence and intention.

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    Disclosure Requirement

    Persons must disclose their interest if asked reasonably.

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    Study Notes

    Overriding Interests

    • An overriding interest is an interest in registered land that does not need registration to bind the registered proprietor and later purchasers.
    • They bind the registered proprietor and all those who acquire an interest in the land later.
    • They differ from the Mirror and Curtain principle, as they do not need to be registered on the title.

    Lecture Outline

    • The lecture outlines the background and details of overriding interests.
    • Topics include short leases, interests of persons in actual occupation, legal easements and profits à prendre, and adverse possession.

    LRA 2002 Distinctions

    • The Land Registration Act 2002 distinguishes between first registration and subsequent registered disposals.
    • Section 71 mandates that applicants for registration must disclose all interests.
    • Once disclosed, these interests are no longer considered overriding interests (Section 29(3)).

    LRA 2002 Categories of Overriding Interests

    • Short legal leases
    • Property rights of persons in actual occupation
    • Easements and profits
    • Past: Leases over 21 years under LRA 1925 (s. 70(1)(k)).
    • Present: Leases of 7 years or less.
    • Future (Potential): Might be reduced to 3 years due to electronic conveyancing.
    • Equitable leases are excluded from this category (City Permanent Building Society v Miller).
    • Past (LRA 1925): All legal easements and certain equitable easements were overriding.
    • Present (LRA 2002): Only easements created by prescription or implication fall under this category (Sch 3 Para 3).

    LRA 2002 Conditions for Easements and Profits

    • The interests must be legal (equitable interests are not overriding).
    • The Celsteel Ltd v Alton House Holdings Ltd case clarified equitable interests.
    • These interests must be created otherwise than by express grant (LRA 2002, Sch 3, Para 3), such as through prescription or implication.
    • If the interest is expressly created, notice must be on the register. Otherwise, it becomes an equitable interest.

    Conditions for Interests Satisfying Certain Conditions

    • Registration under the Commons Act
    • Purchaser knowledge of the interest's existence
    • Obvious interest on reasonable inspection
    • Interest in use during the previous year

    Property Rights of Persons in Actual Occupation

    • Past (LRA 1925): Rights of every person in actual occupation were overriding, except if an inquiry was made and not disclosed (s.70(1)(g)).
    • Present (LRA 2002): Rights of persons in actual occupation overriding, (Sch 3 Para 2).

    Definition of Actual Occupation

    • Focuses on physical presence rather than legal entitlement (Williams & Glyn's Bank v Boland).

    Occupation Concept

    • The concept of occupation may vary depending on the property's nature and purpose (National Building Society v Cann).

    Determining Actual Occupation

    • It's a question of fact (Williams & Glyn's Bank v Boland).
    • Temporary absence, with intent to return and belongings left, doesn't negate occupation (Chhokar v Chhokar).
    • The relevant date for determining actual occupation is the date of transfer, not registration of the new proprietor (Abbey National BS v Cann).
    • Multiple factors might determine actual occupation, including:
    • Degree of permanence
    • Intention of the parties
    • Reasons for absence
    • Length of absence
    • Personal circumstances

    Conditions for Overriding Interests

    • The overriding interest must relate to the land occupied by the individual.
    • If asked about the interest, the owner must not fail to disclose it when reasonably expected to do so.
    • The purchaser might know of the interest even if not obvious on inspection or the occupation might be obvious on inspection and the purchaser unaware.

    Exclusions (Family Law Act 1996)

    • The right of a spouse to occupy a home is not an overriding interest and must be protected by entering it onto the register (Family Law Act 1996, s. 31(10)).

    Adverse Possession (LRA 1925 & 2002)

    • Past (LRA 1925): Squatters could gain title after 12 years of adverse possession, even if no longer in possession at the time of transfer.
    • Present (LRA 2002): Squatters can only claim an overriding interest if they are in actual occupation. The previous legislation was not replaced by LRA 2002

    LRA 2002 - Interests' Binding Impact on Purchasers

    • Registered estates
    • Registered interests
    • Minor interests (protected by notices or restrictions)
    • Overriding interests

    Interests Not Binding on Purchasers

    • Equitable interests that have been overreached
    • Unprotected interests that are not overriding.

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    Overriding Interests Lecture Notes PDF

    Description

    This quiz explores the concept of overriding interests in land law, detailing how they bind registered proprietors and subsequent purchasers without the need for registration. It covers the distinctions made by the Land Registration Act 2002, as well as categories such as short leases and legal easements. Test your understanding of these crucial legal principles.

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