Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Overriding interest definition

What does Overriding interest mean? An overriding interest is a right affecting land that binds a purchaser even though it is not (and sometimes cannot be) entered on the register. It may override first registration and registered dispositions, taking priority without notice. In England and Wales, the term and categories are set out in the Land Registration Act 2002: Schedule 1 (interests overriding first registration) and Schedule 3 (interests overriding registered dispositions). Typical examples include certain short leases, legal easements and profits a prendre, and the interests of persons in actual occupation, subject to statutory conditions. In Northern Ireland, land registration legislation similarly recognises interests that bind...

Overriding interests in registered land: actual occupation, short leases, easements, disclosure and due diligence, inspection, and rights losing overriding status since 2013 (England and Wales)

Published by a LexisNexis Property expert

Practice notes

This Practice Note examines Overriding interests under the Land Registration Act 2002 (LRA 2002). It provides detailed analysis of actual occupation as an overriding interest and signposts additional relevant material that offers comprehensive information on other overriding interests. It also addresses interests that have lost overriding status since the LRA 2002 came into effect.

Overriding interests under the Land Registration Act 2002

Overriding interests generally

Overriding interests are unregistered rights that nonetheless affect registered land, despite not appearing on the register. They bind the registered Proprietor and any person who later acquires an interest in the property.

Such interests fall into two classes:

those that take effect on first registration of land; set out in LRA 2002, Sch 1
those that override a registered disposition; set out in LRA 2002, Sch 3

Both classes of overriding interest include the types of interest outlined below.

Leases for less than seven years

Most leases granted for terms of under seven years are overriding interests...

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Web page updated on 21/05/2026

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