Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of a House / Flat / Apartment.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
. . . continued from page 12
Transfer of a House / Flat / Apartment
Overriding interests in more detail
Interests of persons in actual occupation
Certain kinds of interest can never be overriding interests under this heading. They are:
- an interest under a settlement under the Settled Land Act 1925. However, an interest under a trust of Land can have overriding status, if it otherwise qualifies
- a pending Land action, a writ or Order affecting Property issued or made by a Court for the purpose of enforcing a judgment or recognisance, an Order appointing a Receiver or Sequestrator, or a Deed of arrangement
- a spouse or civil partner's right of occupation under the Family Law Act 1996 as amended by the Civil Partnership Act 2004
- in the case of dispositions only, a Lease granted to take effect in possession more than three months ahead, and which has not taken in possession at the time of the disposition. This reflects the requirement to register such a Lease;
- rights of tenants arising from a desire notice under the Leasehold Reform Act 1967;
- in the case of dispositions only, exercise of the Preserved Right to Buy;
- rights under an access Order made under the Access to Neighbouring Land Act 1992
- rights of tenants under the Leasehold Reform, Housing and Urban Development Act 1992
- rights arising from a request to a Landlord for the grant of an overriding Lease under the Landlord and Tenant (Covenants) Act 1995.
Easements and Profits a prendre
On first registration, any Legal easement or profit a prendre is an overriding interest.
On registrable dispositions, the position for Legal easements and profits a prendre will be the same as for first registration for three years. From 13 October 2006, there will be some exceptions. An unregistered Legal easement or profit will then only override registered dispositions if it is:
- obvious on a reasonably careful inspection of the Property;
- known to the person to whom the disposition is made
- exercised within the year before the disposition, or
- (if a profit) registered under the Commons Registration Act 1965
A transitional provision relates to an easement or profit a prendre which is an overriding interest against a particular registered Property immediately before the Land Registration Act 2002 came into force. If the easement or profit concerned would not otherwise fall within paragraph 3 of schedule 3, that paragraph will take effect as if the interest concerned were included in it.
Under the Land Registration Act 1925, it was possible for an equitable easement or profit to be an overriding interest, it it was appurtenant to another registered Property and was openly exercised and enjoyed. This is no longer the case under the LRA 2002. One effect of this transitional provision is therefore to preserve the overriding status of existing equitable easements and profits of this kind. But it only applies to Property that is already registered. Only Legal easements or profits can now override first registration.
Other Interests
- A customary right;
- a public right;
- a local land charge;
- an interest in any coal or coal mine, the rights attached to any such interest, and the rights of any person under section 38, 49 or 51 Coal Industry Act 1994;
- in the case of Property to which title was registered before 1898, rights to mines and minerals (and incidental rights) created before 1898.
- in the case of Property to which title was registered before 1898 and 1925 inclusive, rights to mines and minerals (and incidental rights) created before the date of registration of the Property.
- a Private Public Partnership Lease
Interests which lose overriding status after 10 years
- A Franchise
- a Manorial right
- a right to rent which was reserved to the Crown on the granting of any freehold estate (whether or not the right is still vested in the Crown)
- a non-statutory right in respect of an embankment or sea or river wall
- a right to payment in lieu of tithe. The only surviving such rights are thought to be certain payments usually called corn rents.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 14 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 14)
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