Overriding Interests under the Land Registration Act 2002: Time to Repair the ‘Cracked Mirror’?

Bevan, Chris

Abstract

This article revisits the vexed issue of overriding interests under the Land Registration Act 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.

Citation

Bevan, C. (2024). Overriding Interests under the Land Registration Act 2002: Time to Repair the ‘Cracked Mirror’?. The Conveyancer and Property Lawyer, 2024(2), 123-139

• Journal Article Type: Article
• Acceptance Date: May 6, 2024
• Publication Date: 2024
• Deposit Date: May 9, 2024
• Publicly Available Date: Jul 12, 2024
• Journal: The Conveyancer and Property Lawyer
• Print ISSN: 0010-8200
• Electronic ISSN: 0010-8200
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2024
• Issue: 2
• Pages: 123-139
• Public URL: https://durham-repository.worktribe.com/output/2435428
• Publisher URL: https://www.sweetandmaxwell.co.uk/Product/Conveyancing/Conveyancer-and-Property-Lawyer-The/Journal-and-Hardback/30820564