THE RIGHTS OF EVERY PERSON IN ACTUAL OCCUPATION: AN ENQUIRY INTO SECTION 70(1)(g) OF THE LAND REGISTRATION ACT 1925

Abstract

The writer considers the scope and application of the present statutory provision, and discusses possible alternative approaches. She begins by examining the meaning of the word “rights”, and examines the difficulties and inconsistencies in the way the word has been interpreted by the courts. She then considers possible statutory amendment, from abolition, or restriction, to, more controversially, an extension to encompass all rights related to the land, whether personal or proprietary, other than those requiring personal skill or confidence. She suggests that such a widening of the scope of the provision would be conducive to certainty, fairness and comprehensiveness. The second part of the article examines the concept of occupation, and traces the judicial approaches to this requirement. Possible statutory amendment is then considered. The article concludes that the scope of the section should be widened, but that the qualifying occupation should be apparent as well as actual.