Home / Summaries / WS3 The Registered System / occupation-claimant-interest

Actual occupation (sch 3, ) - Further conditions - Case law

Q: Explain why actual occupation applied in Kling v Keston Properties Ltd

A car was parked regularly in a garage . It was held that regular use of the garage amounted to actual occupation.

4 important questions on Actual occupation (sch 3, ) - Further conditions - Case law

Explain how the claimant in (Abbey National Building Society v Cann) did not have actual occupation under (sch 3 para 2) and contrast with(Williams)?

The defendant defaulted on his mortgage payments. The mother claimed to be in actual occupation. It was held that moving furniture 25 minutes before the legal transfer of property was insufficient to constitute actual occupation because it lacked some degree of permanence.

How long must the person entitled to the interest be in actual occupation in order to be granted an overriding status under Schedule 3, para 2 of LRA 2002?

The owner of the overriding interest must be in actual occupation long before the sale or mortgage of the registered title. Contrasted with Abby National where 25 minutes before the sale is not enough for actual occupation.

Explain why the claimant was deemed to have been in actual occupation in (Link Lending Ltd v Bustard)? Contrast with Thompson v Foy

The claimant has been absent from her home for over a year in psychiatric care. The CoA agreed she was in the actual occupation because her possessions were at home, she made regular visits and paid bills for the property and intended to return to live there. In contrast, although the facts are similar, the claimant never planned to return to live in her home.

Explain why actual occupation applied in Kling v Keston Properties Ltd

A car was parked regularly in a garage. It was held that regular use of the garage amounted to actual occupation.

The question on the page originate from the summary of the following study material:

WS3 The Registered System

View summary

A unique study and practice tool
Never study anything twice again
Get the grades you hope for
100% sure, 100% understanding

Remember faster, study better. Scientifically proven.

Topics that are related to Actual occupation (sch 3, ) - Further conditions - Case law

General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Actual occupation (sch 3, ) - Further conditions - Case law

4 important questions on Actual occupation (sch 3, ) - Further conditions - Case law

Explain how the claimant in (Abbey National Building Society v Cann) did not have actual occupation under (sch 3 para 2) and contrast with(Williams)?

How long must the person entitled to the interest be in actual occupation in order to be granted an overriding status under Schedule 3, para 2 of LRA 2002?

Explain why the claimant was deemed to have been in actual occupation in (Link Lending Ltd v Bustard)? Contrast with Thompson v Foy

Explain why actual occupation applied in Kling v Keston Properties Ltd

Topics that are related to Actual occupation (sch 3, ) - Further conditions - Case law

General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Summaries related to Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Interests affecting a registered estate

WS3 The Registered System

Britain - for Learners of English

Anthropological theory : an introductory his…

Understanding contemporary China

Tourism: a Modern Synthesis

Intermediate accounting.

Justice : what's the right thing to do?

How to avoid a climate disaster

History

WS1 Introduction to Estates and Third Party …

WS2 Overview of the Unregistered System

WS4 Co-ownership