Overriding Interests in Apparent Occupation

1
Overriding Interests in Apparent Occupation
Student Name
Institutional Affiliation

2
Table of Contents
Question 1........................................................................................................................................3
Facts.............................................................................................................................................6
Issue.............................................................................................................................................6
Holding........................................................................................................................................7
Question 2........................................................................................................................................7
Interest in Land............................................................................................................................8
Exclusive possession.......................................................................................................................9
Bibliography..................................................................................................................................11

3
Question 1
The “Land Registration Act 2002” provides a list of interests that overrides first registration and
another that overrides registered disposition. However, the act has been openly criticized due to
its innovatory design on conveyancing in Wales and England. Moreover, the transformation of
the land registration system that was previously established by the LRA 1925 has contributed to
the criticism. The LRA 2002 has also changed the type of rights that can be classified as
overriding. The effect of the alteration by the LRA 2002 is a slim set of rights with the
overriding status compared to those in the LRA 1925.
First registration, rather than altering the right to an estate, it records the title that the contender
has already held. A registered disposition, on the other hand, does not confer any different legal
title to the new owner than the one owned before. The 2002 LRA has modernized the registration
system provided by the 1925 LRA. Overriding rights have been drastically changed by the act
resulting in only a slimmer set of rights. For example, equitable easements, which, under the
LRA 1925, were recognized as overriding interests no longer fall within the 2002 Act.
The LRA 2002 provides for ways to increase the precision of the land registry and speed up the
total registration of land process in England and Wales. The Act aims at ensuring that every
purchaser can investigate their title through examination of the land register and inquiries.1
Moreover, the Act provides for the creation of interest which goes hand in hand with its
registration. According to the Act, an interest overrides the estate of a registered dispone where;
there is need for protection against purchasers. It is impractical to expect the interest owner to
1 The Land Registration Act 2002