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overriding interest : ウィキペディア英語版
overriding interest

Overriding interest is an English land law concept. The general rule in registered conveyancing is that all interests and rights over a piece of land have to be written on the register entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner.
==Overview==
The House of Commons, House of Lords and tasked Royal Commission preparing the Law of Property Acts (1925) agreed that for many classes of interest it would be unreasonable to expect certain interests to be registered, in which legislation they were termed overriding interests. Their list was reformed and simplified under legislation of 2002 in staggered reforms between that year and 2013.
Such interests principally include:
*Tenancies/leases of less than seven years
*Rights of people in actual occupation, perhaps unaware of their legal rights.
*Public rights of way, as it was not clear who should be made to register them.
*Rights to support from adjoining buildings or structures
*Rights to light (to particular apertures)〔(Property Information Form - Explanatory Notes ) Pages 13-14. The Law Society of England and Wales. Retrieved 2015-03-12.〕
Under the 2002 legislation the position of:
*Rights for the historic parish church to claim for chancel repairs
has weakened, unless registered, to be valid against land owners as at 12 October 2013 and not subsequent owners according to the Church of England the body with the right enforce the rights.〔(Chancel Liabilities ) The Church of England. Retrieved 201-30-12.〕
The existence of overriding interests is a standard question in a transaction — it must be confirmed, denied or 'not known' under the standard property information form used across England and Wales.〔 Nonetheless a right to light on the land or neighbouring land and clear, well-trodden paths across a garden or smallholding for example would be considered constructive knowledge under the deemed inspection of the property under Standard Condition 3.1.2(b) of Standard Conditions of Sale, present in accordance with the principle of caveat emptor ('' ''buyer beware'').〔(General summary of Right to Light ) Planning Applications consultants. Retrieved 2015-03-12.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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