Interests which override

The treasury shares regime is set out in CA , ss. ECHR, art 5 4 —rights and dutiesThe scope of article 5 4 Article 5 4 of the European Convention of Human Rights ECHR provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided.

Stay of proceedings—when can you apply to stay a claim? This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to.

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Investigating title. Key developments and horizon scanning. Due diligence and reporting. Searches and enquiries. Sign-in Help. Occupiers and overriding interests Occupiers and overriding interests Practice notes. The following Property practice note provides comprehensive and up to date legal information covering: Occupiers and overriding interests Nature of the interest What is actual occupation?

Is actual occupation an overriding interest? What are minor interests in land? What is an unregistered interest? What are the types of interest in land? What is interest property law? Who has beneficial interest in property? What is interest in a property? What is interest law? Is interest on interest legal?

What is the difference between legal interest and equitable interest? What is the maximum amount of interest that can be charged? How much interest can a bank charge? What interest can I charge on late payments? Is it legal to lend money and charge interest?

How can I legally give someone a loan? Is it illegal to give someone a loan? The transitional provision in Schedule 12, paragraph 8 of the Land Registration Act , which applies only to dispositions, may sometimes be relevant as well , or, on first registration, if the proprietor has notice of them sections 11 4 c and 12 4 d of the Land Registration Act We only provide factual information and impartial advice about our procedures.

Read more about the advice we give. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Practice guides Overriding interests and their disclosure PG Contents 1.

Introduction 2. Overriding interests 3. Reducing the number of overriding interests 4. Disclosable overriding interests 5. Overriding interests in more detail 6. Things to remember Print this page. Contents Print this page. Is this page useful? In , T bought the freehold of number 46, but the garden triangle was not included in their freehold title. They remained in occupation of the garden triangle by virtue of the Lease and used this area for storage.

The freehold title to number 52 was registered in and it included the garden triangle. In , W and B bought the freehold of number In December , T applied to register a leasehold title to the garden triangle, claiming that their lease overrode both the first registration of the freehold title of number 52 and also the subsequent transfer to W and B.

The FTT had no problem in finding that the lease overrode the first registration of number 52 because T had been in actual occupation of the garden triangle since , when they acquired the lease. This meant that W and B would not be bound by the lease, unless T's interest in the garden triangle would have been obvious on a reasonably close inspection when W and B acquired number W had visited number 52 on three occasions before buying it.

The evidence indicated that she had not checked behind the fuchsia plant that concealed the fence that cut off the garden triangle. The FTT found that in this case a reasonably careful inspection would have involved at least looking at the property's boundaries. Anyone checking those boundaries could have seen the fence simply by moving the fuchsia's branches.

As such, T's lease over the garden triangle was binding on W and B and should be registered. While this case involves no new law, it is a useful reminder of the principles relating to overriding interests protected by occupation, including the extra requirements that apply where the interest is to override a disposition of the registered title.

In particular, this case shows the importance of checking the boundaries of a property for unusual features and to make sure that they accord with any title plans. The survey W and B obtained referred to number 52's boundaries as "well-defined", but did not say where those boundaries lay. Leaving aside issues of land registration, it is generally good practice to check a property's boundaries for encroachments and other evidence of matters that might need further investigation.