Law 5110 Study Guide - Quiz Guide: Property Law, Unregistered Land In English Law, Family Law Act 1996
Document Summary
Number of types of interest under schedule 3: Paragraph 1: certain legal leases are overriding interests. These are in essence leases of less than a 7 year duration. Paragraph 2: the interests of a holder in occupation can become an overriding interest. The occupation alone doesn"t give you the overriding interest. Paragraph 3: certain legal easements are overriding interests. If you expressly create a legal easement, where there"s a paragraph in the deed, it must have a notice in the register. Implied legal easements however, do come under this paragraph. There is some limitation about when they bind based on discoverability on the easement, but if it"s been used in the last year, these exceptions don"t apply and usually it falls under this paragraph. There was a lot of criticism over interests of people in actual occupation, and the law. Commission in 1988 realised that they would have to maintain these interests to assist many people in this situation.
