CYCLE 2 ESSAYS

A conceptual illustration depicting land registration and actual occupation, with elements like a house, legal documents, and a magnifying glass symbolizing inspection.

Understanding Actual Occupation Under LRA

Test your knowledge on the intricacies of actual occupation and the implications of the Land Registration Act (LRA). This quiz covers key concepts and critical perspectives regarding registration and rights.<\/p>

Topics include:
- Schedule 3 implications
- The concept of actual occupation
- Reasonable inspection criteria
- Fairness in registration rights

7 Questions2 MinutesCreated by ExaminingLand123

LRA wants everything registered, how does schedule 3 fuck that?

Sch3 allows non registered things through though (some things cant be registered, leases less than 3 years, implied easements and some people don’t realise that they have a right and that it should be registered(disorganised rights)

Why is schedule 3 sometimes unfair?

-Is it unfair to have people bound by rights that they couldn’t have discovered (because it is not written down (REGISTERED))

How has actual occupation changed?

Previously with actual occupation it was easier to discover because you needed to be there but now with like link lending and Thomson v foy, you just gotta show you might just rock up at any given time in the foreseeable future

Why is this problematic?

Problematic because court are looking at more so whats fair and not giving effect to the legal desires of the LRA (Bevan)

Statute wanted actual occupation and now it needs to be obvious upon reasonable inspection which is better

Jackson on reasonable inspection:

Wtaf is reasonable inspection? Objectively? When do you inspect? Day? Night? Surveillance?

Bogusz wants what?

Clarity of when the inspection has to take place and how many inspections there has to be

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