The continued existence of overriding interests means that the objectives behind establishing a registered land system can never be met and the system itself can never be as efficient, certain, and just as was intended.

Discuss.

As an introduction, it may be advisable to consider the objectives behind registered land. To do so, you will need to consider very briefly the problems with the system that existed before registered land was introduced. Particular focus here may include a consideration of the difficulties and apparent injustices caused by both the conveyancing procedure (with reliance on investigation of title deeds) and the operation of the doctrine of notice (with the precarious protection it gave holders of equitable interests).

Reflect upon the way in which a registered system of land holding would remedy these problems. This may include discussion of the three principles behind registered land: mirror, insurance and curtain. How was the system to become more efficient, certain and just?

In what way does the existence of overriding interests conflict with these principles and prevent the system meeting its intended objectives? Particular focus here will be upon the fact that overriding interests are undiscoverable by looking at the register alone and thus prevent the mirror principle from fully operating.
You may wish to consider how the introduction of the LRA 2002, and the changes it made to the existence of overriding interests, intended to meet these concerns. For example, focus may rest upon the reduction in number of possible overriding interests; or the fact that discoverability of such interests upon reasonably careful inspection of the land was introduced as a requirement for their enforcement against third parties, making their ability to bind without being present on the register less controversial. Critically analyse whether the LRA was successful here.

Final consideration should be given as to why the LRA 2002 did not take the opportunity to eliminate overriding interests from the system of registered land completely. Why must such interests continue to exist? In what way can these interests be justified? Analyse from the perspective of both the holder of the interest and any intended purchaser of the land over which they exist. Perhaps consider human rights implications here.

Draw appropriate conclusions.