When buying a property it is important to ascertain if a third party possesses an interest in the property and which could continue to bind the new owner after the acquisition. The manner in which such interests are protected depends on the fact that the title to the land is registered or not. In circumstances where the land is registered, such an interest should have been entered in the register in order to bind.
But there are some interests that fall within the scope of ‘overriding interests’, thereby binding the new owner even without an entry. In cases where the land is unregistered, such an interest should be legal to automatically bind the new owner. And if the interest is not legal, it will be binding only if the buyer has noticed it.
