Overriding interests are interests that are not registered at the Land Registry, but which still bind a party who acquires land that is subject to that interest. For example, an interest that belongs to a person in actual occupation will override the first registration of the land affected by that interest.

How do you establish an overriding interest?

To enjoy overriding status there must be an interest in land, the interest must not be overreached, there must be actual occupation at the relevant time. In both situations actual occupation is required. There is no statutory definition of the term actual occupation.

Why do we need overriding interests?

Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds.