Overriding interests and Schedule 3 LRA 2002
A comprehensive guide to the statutory regime governing interests which bind registered proprietors despite not being entered on the register
§01 Overview
Overriding interests represent a significant exception to the 'mirror principle' of registered land, whereby the register is supposed to provide a complete and accurate picture of all rights affecting a title. Under the Land Registration Act 2002 ('LRA 2002'), certain third-party interests bind a registered proprietor even though they do not appear on the register. These are listed exhaustively in Schedule 3 LRA 2002 (and, for transitional cases, Schedule 1).
The policy tension is acute. On one hand, the Law Commission's reform agenda in 2002 aimed to reduce the category of overriding interests to promote certainty and the reliability of the register. On the other hand, pragmatic and equitable considerations demand protection for certain interest-holders who may not have registered their rights—particularly those in actual occupation under para 2, Schedule 3—and for legal easements and profits created by prescription or implication (para 3).
This note examines the principal categories of overriding interests, focusing on actual occupation (para 2) and legal easements (para 3), which account for the overwhelming majority of litigation. Understanding the doctrinal contours, the interplay with overreaching, and the policy critiques is essential for tutorial essays and problem questions alike.
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