What is and why disclose overriding interests?

September 24, 2010 10:00 am

In order for the Land Registry to make their records more comprehensive, on sale homeowners are now being asked to specify whether or not certain matters known as “overriding interests” apply to their property.

When you are selling a property then you will be asked by your solicitor to provide details of any such matters.

Relevant questions are:

  • Are there any arrangements allowing anyone else to use any part of your property for any reason. Examples of this would include rights to and fro over any part of the property or rights to use services?
  • Have you leased any part of the property or the whole of it to anyone else?
  • Does anyone have the right to enter onto your property and take something from it? For example rights to shoot and or take game or fish?
  • Are there any customary rights or franchises – in other words historical or traditional matters allowing people to use he property or a part of it for something like holding fairs or grazing sheep?
  • Does anyone else, other than you, who occupies your property have any rights in the property including any right to live there?
  • Do you know of any rents, chancel repair liabilities, tithes or other sums of money that are either payable by you to somebody else or which are payable by somebody else to you? This is relevant whether or not the payment has ever been paid or demanded.
  • Are there arrangements giving someone the right to mine the land or does anyone have a right to any minerals within the land?
  • Is there a right in respect of an embankment, sea or river wall?
  • Does any part of the property include land that you have acquired through long use and which is not included within the land identified in your deeds? This can be known as squatting or adverse possession.