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Land Law - Registered Land - Third Party Interests & Overriding Interests
Third-party Interests
A landowner may give someone who is not the equitable or legal owner of the land a right or a benefit over the land. A neighbor's right of way across the property or a landowner's commitment to uphold borders for the benefit of a third party are two examples. For these to be enforceable, they must be listed on the register of titles.
Overriding Interests
These belong to someone who is not the land's legal or equitable owner as well, and they are benefits that are not recorded in the register of titles. These rights are nonetheless enforceable against the present legal owner and any prospective buyers even though they are not listed on the register of titles. Examples include the equitable interest of a third party that received the benefit of a constructive trust since they paid a portion of the land's purchase price.
Third-party Interests
A landowner may give someone who is not the equitable or legal owner of the land a right or a benefit over the land. A neighbor's right of way across the property or a landowner's commitment to uphold borders for the benefit of a third party are two examples. For these to be enforceable, they must be listed on the register of titles.
Overriding Interests
These belong to someone who is not the land's legal or equitable owner as well, and they are benefits that are not recorded in the register of titles. These rights are nonetheless enforceable against the present legal owner and any prospective buyers even though they are not listed on the register of titles. Examples include the equitable interest of a third party that received the benefit of a constructive trust since they paid a portion of the land's purchase price.
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