Section 3 of the Land Registration Act, 1925 states that an overriding interest is not protected by an entry in the registers because such a registration is not required. An overriding interest will bind every registered proprietor even though there is no mention of the interest in the land or charge certificate. Overriding interests are defined in the Act within s.70(1). The most important ones are:
Legal easements and profits, usually created before first registration;
Liability to deal with embankments and sea and river defences e.g.walls;
Rights under the Limitation Acts, typically adverse possession claims;
Persons in actual occupation – this is an area of great and current importance and is therefore considered separately;
Local land charges
Any lease for a term not exceeding 21 years in duration i.e. not registrable in its own right.
Every existing overriding interest is mentioned in the registered land system.
