Overriding interests in occupation are typically identified at which stage?

• A. Post-completion
• B. Pre-contract searches and enquiries
• C. Exchange of contracts
• D. Local council approval

Answer: (B)

Overriding interests in occupation bind the title even if they aren’t registered, arising from someone actually occupying the property or having a right to occupy. The way to uncover these before you commit to buying is through the pre-contract stage, when the solicitor conducts searches and poses enquiries to the seller. This is where information about occupancy and any rights linked to actual occupation is gathered, usually via the property information form and standard pre-contract enquiries. If these interests aren’t identified at this stage, the buyer could complete with an unseen burden on the property.

Post-completion happens after the sale, so it doesn’t help identify issues beforehand. Exchanging contracts is after the stage where risks should already have been assessed. Local council approval relates to planning and building regulations, not occupancy rights.