Actual Occupation

• There is no definition in the Land Registration Act for 'actual occupation'.

  • It is up to the courts and case law to make a decision as to what constitutes actual occupation.
• The courts take a somewhat flexible approach to the issue of actual occupation and are relatively reluctant to make a strict determination as to its meaning.
• The leading authority in this area is the case of Williams and Glyn's Bank v Boland.

  • Lord Wilberforce stated that the words 'actual occupation' were 'ordinary words of plain English' which 'should... be interpreted as such.'
  • It should not have any special legal interpretation and is therefore a question of fact.
• Abbey National v Cann

  • The idea of actual occupation was applied to the facts of the case and it was held it could not be claimed that there was actual occupation.
• Mallory Enterprises Ltd v Cheshire Homes (UK) Ltd

  • Illustrate circumstances where actual occupation may be impossible do to the property being uninhabitable.
  • Arden LJ states that in such a case 'residence is not required, but there must be some physical presence, with some degree of permanence and continuity.'