Overriding Interests Watch

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Report Thread starter 7 years ago
If an estate is already registered, and, say, the fee simple is sold to someone else then the priority of the pre-existing interests in the land falls to be considered applying s.28, s.29 and Schedule 3 of the LRA 2002, or so I think.

My question is about what happens if an estate is not already registered and a disposition requires registration under s.27 LRA 2002. In that case, let's say, there is a contract for the sale of land, and then a deed is executed and all of this is done properly. At that stage there is still no registration - but do you consider the priority of the pre-existing interests at this point? If you did then I assume you apply the Land Charges Act 2002. Let's say the pre-existing interest, applying the LCA 2002, takes priority and the buyer of the land takes it subject to that interest. Then he registers the land. Now what happens? In the textbooks there is a distinction made between priority of pre-existing interests on frist registration of land, and the priority of interests where the land is already registered, but the explanations are, for me at least, unfathomable.

Any help appreciated.

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