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overriding interests (3 fundamental principles of Land Registration :…
overriding interests
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OVERRIDING INTEREST
are called overriding in law bc they override the sale and remain binding on the purchaser irrespective of the fact they are not discoverable by searching the Land Register - Bray (2016)
interests which do not need to be registered but are binding on the purchaser of estate i.e. they are the main exception to the mirror principle
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CURRENT LAW
reform
The Law Commission wanted to reform overriding interests in Land Registration but had to accept that there were reasons why overriding interests could not be abolished altogether
Law Commission, 'Land Registration for the Twenty-First Century: A Conveyancing Revolution' (2001) : "the way in which the law on overriding interests has developed over the last seventy-two years has demonstrated that overriding interests are by no means only minor liabilities
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Jackson, 'Title by Registration and Concealed Overriding Interests: The Cause and Effect of Antipathy to Documentary Proof' (2003) : "the principal means by which the 2002 Act aims to improve the accuracy of the register is to narrow the scope for unregistered interests to have overriding effect"
Strand Securities v. Caswell [1965] : "it is vital to the working of the Land Registration system that notice of something which is not on the register should not affect a transferee unless it is an overriding interest"