Overview

minor interests


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Interests in registered land that cannot be created or transferred by registered disposition, are not overriding interests, and could be overridden by a registered proprietor unless protected by registration. Such interests include the equitable interests of beneficiaries under a settlement and all charges that would be registrable at the Land Charges Department if the land had been unregistered (see registration of encumbrances). Minor interests were protected by registration of a notice, caution, inhibition, or restriction as appropriate until the coming into force of the Land Registration Act 2002. Now only notices or restrictions may be entered. The 2002 Act does not use the term “minor interest” but many commentators still use it.

Subjects: Law.


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