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Losing Your Interest

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From midnight on the 12 October 2013 all Overriding Interests will lose their overriding status. Overriding Interests include:

  1. hlw Keeble hawson logoRights claimed by any people in actual occupation of the property.
  2. Rights of way across the property (other than public rights of way).
  3. Customary rights (rights deriving from local traditions).
  4. Other people's rights to mines and minerals under the land.
  5. Franchises (such as the right to hold a fair).
  6. Manorial rights.
  7. A right to rent which was reserved to the Crown on the granting of a freehold estate.
  8. Any rights relating to embankments or sea or river walls.
  9. Chancel repair liability.

You can protect your Overriding Interests by making an application to the Land Registry to register your interest against the title to the Property. Before the 13 October 2013 it is possible to note your Overriding Interest free of charge. Applications to note any Overriding Interests made after the 13 October 2013 will be subject to a fee.

Overriding Interests which are not noted against a title prior to the 13 October 2013 deadline will not, however, automatically cease to exist on 13 October. These may still be noted against the title of the Property. However, any Property which was registered prior to the 13 October 2013 will not be subject to any Overriding Interests which the land was previously subject to, when the Property is transferred after the 13 October, unless the Overriding Interest has been noted against the title prior to the transfer or as a part of the application to register the transfer.

Where an application is made to register unregistered land after the 12 October 2013, the land will be held free of any Overriding Interests previously enjoyed, unless they are protected by entry of a notice at the time the application for first registration is made.

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