Prop Rights And Purchasers

Question 1

Hodgson v Marks

Answer 1

Actual occupation requires physical presence. Some degree of permanence

Question 2

Cann

Answer 2

35 mins not enough for actual occupation. Also the person representing the interest holder must physically be present

Question 3

Kling

Answer 3

One week was adequate for occupation. Parking car in a garage. The occupation was under a licence to store.

Question 4

Rosset

Answer 4

The builders who were paid to be there were seen as vicarious presence

Question 5

Strand

Answer 5

Daughter was allowed not obliged to be there

Question 6

Hypo-mortgage services

Answer 6

CA thought in fact children could not be in actual occupation which meant that parents cannot be in vicarious occupation through them.

Question 7

Chhokar v Chhokar

Answer 7

Wife is giving birth and husband sold the house and absconded with the sale proceeds. She was held to be an actual occupation is the presence of furniture and the intent to return.

Question 8

Link Lending

Answer 8

She was detained in a psych ward. She visited weekly under supervision. She was always keen to resume living there permanently

Question 9

Thompson v Foy

Answer 9

She had removed Her personal belongings from her bedroom but her furniture remain. She had no intention to return to the property because of this she ceased to be in actual occupation.

Question 10

Stockholm finance

Answer 10

Saudi princess was only intermittently present of the property. At the time she had been absent for over a year. The property remained fully furnished and she had no tension to the time but intermittently. She was told not to be an actual occupation as there must be a point of which someone’s absence is too long.