Overriding Interests
- An interest of one party which is more important than that of another.
- This is invariably about the interests of third parties who apparently have no legal interest in a property in which they enjoy actual occupation. An owner defaults on mortgage payments and a financial institution seeks to recover possession.
- Williams & Glyn Bank v Boland, is a case where a wife successfully claimed an overriding interest. Her husband mortgaged his home to fund a business venture which failed and the wife had no legal interest in the home, however, she had contributed greatly to the purchase and was in actual occupation entitling her to claim an overriding interest.
- Chaudhary v Yavuz 2011, the Court of Appeal held that the use of a stairway did not amount to actual occupation and so was not an overriding interest under the Land Registration Act 2002
- See also occupation
- From midnight 12 October 2013 some interests no longer qualify as "overriding".
Published: 11 November 2013
Last Updated: 17 November 2021