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100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition

Bevan, Chris

100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition Thumbnail


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Abstract

It is 100 years since the rights of those in ‘actual occupation’ joined the statute book as interests capable of binding transferees of land despite not appearing on the register. This article seizes the opportunity to investigate and excavate the overlooked and under-examined historical origins of the actual occupation concept and to revisit the oft-touted rationales for the principle’s recognition. In so doing, the article rejects the commonly rehearsed justifications for the concept and makes the radical case for abolition of actual occupation.

Citation

Bevan, C. (online). 100 Years of Actual Occupation as an Overriding Interest in English & Welsh Land Law: Challenging the Rationale and Making the Radical Case for Abolition. Legal Studies, https://doi.org/10.1017/lst.2024.41

Journal Article Type Article
Acceptance Date Aug 1, 2024
Online Publication Date Feb 3, 2025
Deposit Date Nov 4, 2024
Publicly Available Date Feb 17, 2025
Journal Legal Studies
Print ISSN 0261-3875
Electronic ISSN 1748-121X
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1017/lst.2024.41
Public URL https://durham-repository.worktribe.com/output/3080995

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