A buyer of registered land by way of a registered disposition for value discovers a neighbour has an unregistered right of way and an occupier with a beneficial interest who is in actual occupation. Applying section 29 of the LRA 2002, which interests bind the buyer?

Answer and explanation

Correct answer: C. Registered interests and interests overriding under Schedule 3, such as an occupier in actual occupation

  1. Step 1: Section 29 gives priority to the registered disposition subject to protected interests.
  2. Step 2: Schedule 3 paragraph 2 protects interests of a person in actual occupation, with exceptions.
Answer
Registered interests and interests overriding under Schedule 3, such as an occupier in actual occupation.
Why not the others: Overriding interests bind even if not on the register; not every interest binds; value alone does not defeat Schedule 3 interests.

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