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2.1 there is no statutory definition of the words ‘occupier’ or ‘occupation’ and so these are interpreted by legal precedent Clients must demonstrate a degree of permanence and continuity of physical presence at the property at the relevant time. In short, the issue of actual occupation primarily turns on.
Keye doubles down on ‘entitled’ mafs attitude, and reveals the real reason for posh temper tantrum Any mere fleeting presence or an intention to return is insufficient Temporary absence can still amount to actual occupation
Facts the parties, mr and mrs chhokar lived in a house bought in the husband’s sole name
They both contributed to its purchase and upkeep The marriage fell apart and the husband arranged to sell the house without telling his wife The wife temporarily left home to stay in hospital. Notes on actual occupation in registered land actual occupation (as fact) paragraph describes certain type of interest that overrides disposition, and if the
In pennistone holdings ltd v rock ferry waterfront trust [2021] ewca civ 1029, the court of appeal revisited the question of when land is in ‘actual occupation’ for the purpose establishing an overriding interest under paragraph 2 of schedule 1 to the land registration act 2002 The court first established that there is no single test for determining whether a person is in actual occupation under schedule 3, paragraph 2 of the land registration act (lra) 2002, but instead, such occupation is based on the facts and various factors It is for the person claiming occupation to demonstrate it. The register of title will never reflect the actual occupation which may arise between the date of disposition and the date of registration, creating what is known as 'the registration gap'.
Where the person claiming the interest is in actual occupation and that occupation would be obvious on a reasonable inspection or 2
Where the person claiming the interest is in actual occupation and the person to whom the disposition is made has actual knowledge of the interest in both situations actual occupation is required. This case reinforces the stringent requirements for establishing actual occupation under schedule 3, paragraph 2 of the land registration act 2002
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