Glossary · UK
What is Overriding Interest?
A right or interest in registered land that binds a buyer even though it does not appear on the Land Registry title register, such as an occupier's beneficial interest or a legal easement.
Full Definition
An overriding interest is a right in registered land that is binding on a purchaser even though it is not recorded on the Land Registry title register, meaning a buyer cannot always rely solely on the register to reveal every right affecting a property. Common examples include the beneficial interest of a person in actual occupation of the property (for instance an unmarried partner who contributed to the purchase but is not named on the title), legal easements and profits acquired before registration became compulsory, and certain short leases. Because overriding interests are, by definition, not visible on the title register, conveyancing solicitors mitigate the risk through physical inspection of the property, pre-completion enquiries about who is living there, and specific requisitions asking the seller to disclose any rights or occupiers, since a buyer can otherwise unexpectedly find themselves bound by a right they had no way of discovering from the register alone. The category of overriding interests was narrowed by the Land Registration Act 2002, which pushed many previously "overriding" categories (such as most legal easements created after the Act) toward compulsory registration, so that fewer hidden interests survive over time as the registered title system matures.