Priority
According to s. 29 of the Act, a person acquiring an interest under a registrable disposition for valuable consideration (being usually a freehold or leasehold, but also including a legal mortgage) and having been registered successfully as owner of the interest, takes it subject to only:
- an entry on the register, mainly a Notice in the charges register
- unregistered interests which override (overriding interests)
- interests excepted from the effects of registration (a category now otiose)
- and if the estate is a lease, to burdens incidental to the lease
All other interests are postponed to the interest under the disposition - i.e. the successfully registered purchaser's interest gets priority over all other interests.
Note: if the transferee is not a purchaser (such as the recipient of a gift, or under a will), he or she takes the title subject to all pre-existing proprietary interests affecting the land - see s.28 LRA 2002
Read more about this topic: Land Registration Act 2002
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