LAND LAW | THE OVERRIDING INTEREST RULE you MUST Know! | Sch 3, para 2| Bite Size Land Lecture 3.2.1

START HERE! - INTEREST + OCCUPATION = OVERRIDING INTEREST Are you a law student tackling a problem question or MCQ on Land Law? Understanding overriding interests, particularly Schedule 3, paragraph 2 of the Land Registration Act 2002, is essential. In this lecture, LAND LAW: OVERRIDING INTERESTS – Sch 3, para 2 (Part One): Interest + Occupation, I break down this notoriously examinable topic into clear, bitesize manageable sections. Having worked as a senior lecturer for 25 years, written exam questions and marked thousands of student scripts, I know what examiners look for. This lecture is suitable for beginners and students consolidating their knowledge. OVERVIEW OVERRIDING INTERESTS Under Schedule 3, paragraph 2, LRA 2002, a third party with a proprietary interest who is in actual occupation may have an interest which overrides. This means that a purchaser or mortgagee may be bound by the interest, even though it is not entered on the register. Overriding interests are particularly important where overreaching does not apply, such as certain equitable interests arising under a constructive trust. In this lecture, I work through the statutory wording of **Schedule 3, paragraph 2**, breaking it down step-by-step to explain the requirements for an interest to override. WATCH THE NEXT LECTURES 👉 Lecture 3.2.2 – Overriding Interests Part Two: Knowledge or Inquiry 👉 Lecture 3.2.3 – Overriding Interests Part Three: Common Errors 👉 Lecture 3.2.4 – Overriding Interests Part Four: Answer Plan** If you find this lecture useful, please *like, comment and share* it with your fellow law students. © Amanda Grant - bitesizelaw 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. #LandLaw #OverridingInterests #ActualOccupation #LawStudents #LandRegistrationAct2002 #propertylaw