Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
3 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Meaning of "Rights" |
What does the rights of a person in actual occupation mean? |
The occupier must have a proprietary right, such as an equitable lease, an option to purchase or an interest under a trust of land (William's & Glyns Bank v Boland (1981)) |
|
|
Meaning of "actual occupation" |
What is meant by actual occupation by reference to case law decided under LRA 1925? |
There must be physical presence which is a question of fact and degree (Hodgson v Marks (1971)). If occupier temporarily absent it appears that there is usually intent to occupy still (Chhokar v Chhokar (1984)). Date of occupation must be the date of sale or mortgage. Where title is registered the rights must remain subsisting at the point of registration but there is no "moment in time" for this purpose between completion of the transaction and completion of registration (Abbey National Building Society v Cann (1990)). |
|
|
Save where inquiry is made... |
What does this statement mean in the context of LRA 1925? |
Enquiries must be made of the person in occupation for the interest to override under s70(g) LRA 1925. However, so long as the purchase money is paid to at least two trustees the interest will cease to be overriding (City of London Building Society v Flegg (1988)). |
