Interest + occupation - THE STATUTE MADE EASY - LAND LAW - overriding interests

INTEREST + OCCUPATION = OVERRIDING A series of lectures by a former university lecturer with 25 years' teaching experience .This is the first of four land law lectures on interests which override for 3rd parties who occupy the land. This topic is notoriously popular with land law examiners! Having worked as a senior lecturer for 25 years, I know what examiners are looking for. I have written exam questions and marked 1000s of students’ answers. I STRONGLY RECOMMEND THAT YOU WATCH THE VIDEOS IN CHRONOLOGICAL ORDER.

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Lecture #1
This is the first of four land law lectures on interests which override (overriding interests) for 3rd parties who occupy the land. This topic is notoriously popular with land law examiners! Having worked as a senior lecturer for 25 years, I know what examiners are looking for. I have written exam questions and marked 1000s of students’ answers.

Third parties who have a proprietary right (e.g. an equitable lease or an interest under a constructive trust) and who occupy the land may have an overriding interest in the land (the correct terminology is ‘an interest which overrides’) which takes priority when the land is sold or mortgaged. In other words, the purchaser or mortgagee (lender) is ‘bound’ by the 3rd party’s interest. Overriding interests do not appear on the Property Register but they play a key role in enforcing equitable rights, particularly equitable interests under a constructive trust when overreaching does not apply.

Interests which can override in this way are set out in the Land Registration Act 2002, Schedule 3, paragraph 2.

Schedule 3, para.2 sets out the general conditions which must be satisfied for an interest to override in this way and these are covered in this first video. I will take you through the wording of the statute and break it down into bite size, manageable sections so that you fully understand it.

Throughout the 4 videos I will take you through a worked example using an interest under a constructive trust and show you how to use the IRAC method when answering a problem style question.

HERE IS THE RELEVANT WORDING FROM SCHEDULE 3, PARA. 2
An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual occupation
except for—
(b) an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so;

(c) an interest—
(i) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and
(ii) of which the person to whom the disposition is made does not have actual knowledge at that time.

VIDEO #2 - EXCEPTIONS AND LIMITATIONS
I will talk you through the restrictions (exceptions) which apply and talk you through the wording of Schedule 3, para 2 (b) [failure to disclose when inquiry is made] and para (c) [the occupation wasn’t reasonably obvious]. In my view, this is the most complex area and where students struggle the most. Again, I will take you through a worked example using the IRAC method.

VIDEO#3 - COMMON MISTAKES AND MISUNDERSTANDINGS - AN INSIDER'S VIEW
I will give you a law lecturer’s view and point out some of the pitfalls and errors students make when answering questions on this topic. I will also share with you some hints ad tips to make life easier for you in the exam.

VIDEO#4 - ANSWER PLAN
I will take through my answer plan for a past exam question using the IRAC method. IRAC is a brilliant method to use when answering problem-based law questions. There are lots of videos on YouTube explaining what IRAC is; but there aren’t many which show you how to use it in practice. I will also show you how Schedule 3, para 2 usually fits into a question of 3rd party rights and when overreaching might apply. Essentially, you will usually consider schedule 3, para 2 where a 3rd party who is in occupation of the land, has failed to protect their interest by registering either a notice or restriction.

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Amanda

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