Buying Commercial Property · glossary

Overriding interest

A right that binds a buyer of registered land even though the register does not mention it. On this purchase the one that matters is the right of a person in actual occupation. So Fellgate buys with vacant possession and inspects. Chapter 3 · see Actual occupation

Explained in Chapter 3, Reading the Title, of Buying Commercial Property.

How it comes up, in Chapter 3
A few rights bind a buyer even though no entry mentions them. They are called overriding interests (Schedule 3 to the same Act). The one that matters here is the right of a person in actual occupation: someone physically on the land and using it.
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Where this term lives

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