Overriding interests

Question 1

Definition of overriding interest

Answer 1

Interests protected against all the world by Sch 3 LRA 2002

Question 2

What is protected by the principle of overriding interests

Answer 2

1. Legal leases of less than 7 years. 2. Any interest in land protected by discoverable actual occupation at the time of disposition. 3. Legal easements which are discoverable or used within the last year (S62 easements are always legal, WvB can be either)

Question 3

Actual occupation is given its natural meaning

Answer 3

Williams & Glyn’s bank v Boland

Question 4

Extent of occupation is dependent on the nature of the land

Answer 4

Malory v Cheshire Homes

Question 5

Temporary absence will not defeat actual occupation

Answer 5

Chhokar v Chhokar

Question 6

Occupation must be discoverable

Answer 6

Kling v Keston (intermittent use of garage =actual occupation)

Question 7

Actual occupation must be at the time of the disposition (not registration)

Answer 7

Abbey National v Cann

Question 8

Unconscionability - where a buyer takes a property expressly subject to pre-existing rights, the court will only hold that those rights override if the statement maker’s conscience is affected. The words “subject to” will nolt suffice.

Answer 8

Ashburn Anstalt & Lyus v Prowsa