ABSTRACT
This article revisits the vexed issue of overriding interests under the Land Registration Act 2002 (LRA 2002) and asks whether, now over 20 years since the 2002 Act came into force, the time has arrived to reform this controversial category of interests to repair ‘the cracked mirror’ of the register. In asking this question, this article does three things. First, it very briefly explains what overriding interests are and how this category was shaped by the LRA 2002 . Secondly, it explores the justifications that have been offered for the existence of overriding interests before, subjecting these to close challenge. Finally, and the pun must be forgiven, the article reflects on why the time is now right to reform overriding interests and the shape such reform might take to bring greater certainty, comprehensiveness and reliability to the register by repairing the mirror.
€ (Westlaw)
Chris Bevan, ‘Overriding interests under the Land Registration Act 2002: time to repair the “cracked mirror”?’, [2024] (2) Conveyancer and Property Lawyer 123-139.
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