Land 5 - Enforcement of Interest in reg. land - overriding

Question 1

What are overriding interests?

Answer 1

Interests which will bind a purchaser for value even though not registered

Question 2

What are 3 common overriding interests?

Answer 2

• Legal leases, 7 years or less
• Equitable interests by people in actual occupation
• Implied legal easements

Question 3

Which unregistered interests require actual occupation to be overriding?

Answer 3

• Estates interests
• trusts of land interests

Question 4

What are the requirements for an overriding interest for Equitable interests by people in actual occupation?

Answer 4

1. Interest in land
2. Actual occupation (not defeated by temporary absences) applies to estate interest and trust of land interests only

Question 5

What are the exceptions to requirement of actual occupation being sufficient for Equitable interests by people in actual occupation?

Answer 5

(a) An interest of a person that they failed to disclose
(b) A person in occupation
- not obvious &
- purchaser didn’t have actual knowledge of at the time

Question 6

A registered disposition made for valuable consideration takes precedence over what?

Answer 6

Any pre-existing right except:
- those protected on the register
- overriding interests

Question 7

What interest is a donee (recipient of a gift of land ) subject to?

Answer 7

• everything on the register
• any overriding interests
• any rights which should have been registered but weren’t

The latter is not included where consideration is given.

Question 8

When are implied legal easements binding as overriding interests?

Answer 8

• the new owner knew about it, or
• it was obvious, or
• exercised within 12 months