Actual Occupation

Question 1

Actual Occupation must be

Answer 1

1. obvious on a reasonably careful inspection of land, or buyer knew of it
2. person disclosed the right if enquiries were made of it when he could reasonably be expected to do so.

Question 2

Actual Occupation will not protect

Answer 2

An FLA right (s.31(10)(b))

An easement

Question 3

For actual occupation to be obvious on a reasonably careful inspection, there must be visible signs of occupation, which have to be obvious on inspection

Answer 3

Thomas v Clydesdale Bank

Question 4

Fencing may suffice as visible sign of occupation on derelict land

Answer 4

Malory Enterprises v Cheshire Homes

Question 5

Actual occupation necessitates ‘physical presence on the land’

Answer 5

Williams & Glyn’s Bank v Boland

Question 6

Actual occupation can be rising the property regularly to supervise renovation work

Answer 6

Lloyds Bank v Rosset

Question 7

Actual occupation can be a car parked regularly in the garage

Answer 7

Kling v Keston Properties

Question 8

A temporary absence does not preclude actual occupation

Answer 8

Chokhar v Chokhar

Question 9

Prepatory steps leading to actual occupation are NOT actual occupation

Answer 9

Abbey National v Cann

Question 10

An agent can have actual occupation for you, a relative cannot

Answer 10

Strand Securities v Caswell

Question 11

Can be in actual occupation if your possessions are still in the property and you have aspirations to return

Answer 11

Link Lending v Bustard

Question 12

Cannot be actual occupation if you have no aspirations to return

Answer 12

Thompson v Foy