Overriding Interests(under LRA 2002 of England)

Overriding interests are interests that are not registered at the land registry
nevertheless bind any person who acquires an interest in registered land, either on
first registration or where there has been a registrable disposition of a registered
estate that has been completed by registration.

“Unregistered interests which override first registration”, which are dealt with
under Schedule 1 to the LRA 2002, and

“Unregistered interests which override a registered disposition” which are dealt

with under Schedule 3 to the LRA 2002.

For example, an interest that belongs to a person in actual occupation, short term
leases and unregistered legal easements which even if not registered on the registry
but they have an overriding interests.

Practical case which happened in England in relation to an overriding interest of a

person in actual occupation.

In a leading case, Williams & Glyn Bank vs Boland, a wife successfully claimed
an overriding interest in a property her husband had mortgaged to support a failing
business. Although she did not have a legal (titular) interest in the property, she
had made substantial contributions to the purchase and was in actual occupation of
the property, her overriding interest was upheld when the bank tried to take
possession.

But when we come to our countries Urban Land Holding Registration

proclamation no.818/2014 under art.30 only right, restrictions and responsibilities
which needs to be registered are stipulated. Its effect is also stipulated under art.47
which states that “A landholding use right or immovable property ownership right
on landholding, unless registered on the register of landholding, may not be set up
against any person. Other than this provision our countries law not incorporate
unregistered but overriding interests. In addition the law not exhaustively stipulate
rights, restrictions and responsibilities which needs to be registered. So, different
rights of individuals are affected.
Incorporating a provision in relation to overriding interests under our law have so
many advantages. From this advantages to state some: it protect a right of a person
in actual occupation of the property but his/her right is not registered. It also
minimize the work load from land registry organization in the way of excluding
short term leases and it also advantageous for countries like Ethiopia which have
no enough budget to register each and every transaction.

So, there in a need to incorporate unregistered but overriding interests under

Ethiopian Urban Land Holding Registration proclamation law of 818/2014.

" In light of the current Tigray conflict, there are circumstances when the right to
indigenous people's rights to their territories may violate national-territorial
integrity and sovereignty" Discuss.