The Role and Meaning of 'Occupation' in Schedule 3, Paragraph 2 of the Land Registration Act 2002
| Author | Amirah Adam |
| Position | LLB (Soton) |
| Pages | 71-75 |
(2021)
Vol. 11
71
The Role and Meaning of ‘Occupation’ in Schedule 3, Paragraph 2 of the
Land Registration Act 2002
Amirah Adam
*
Abstract
In
Abbey National Building Society v Cann
, Lord Oliver observed: ‘it is, perhaps, dangerous to suggest any test
for what is essentially a question of fact, for “occupation” is a concept which may have different connotations
according to the nature and purpose of the property which is claimed to be occupied’.
1
This paper focus es on
the role and meaning of ‘occupation’ in Schedule 3, paragraph 2 of the Land Registration Act 2002. It will
consider the misconception that the word ‘occupation’ may be interpreted in ordinary language and argue that
rather, the meaning should be deduced from the judgements and regarded in the specifi c context to which it
applies.
vidently, there is no set definition of ‘occupation’ in Schedule 3, paragraph 2 of the
Land Registration Act (LRA) 2002. As outlined by Mummery LJ in
Link Lending Ltd
v Bustard
, ‘the trend of the cases shows that the courts are reluctant to lay down, or
even suggest, a single test for determining whether a person is in actual occupation’.
2
This
illustrates the court’s malleable approach in defining ‘actual occupation’. Moreover, the
meaning of ‘actual occupation’ within the LRA 2002 is not necessarily the same as the
meaning of ‘occupation’ in other statutes or in ordinary language.
In
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
,
in considering whether someone counted as ‘the occupier’ of land in the Communications
Act 2003, Lewison LJ emphasized it is common ground that, ‘in legal usage, the meaning of
the words “occupier” and “occupation” is intensely sensitive to context’.
3
Lewison LJ quoted
Lord Walker in
Principal and Fellows of Newnham College, Cambridge University v
Commissioners of HMRC
, who held in the House of Lords that the meaning of the word
‘occupation’ in the statute is ‘strongly influenced by the statutory context and purpose’.
4
Lewison LJ then clarified that in some cases, for instance in the context of overriding interests
under the Land Registration Acts, the relevant concept is not simply ‘occupation’ but ‘actual
occupation’.
5
Furthermore, he elaborated on the different meanings of ‘occupation’ in various different
statutes such as the Occupiers’ Liability Act 1957
6
and Value Added Tax Act 1994,
7
and the
marginally different meaning of the phrase ‘actual occupation’ in the LRA 2002.
8
Therefore,
it should be noted that when talking about this statutory concept in Schedule 3, paragraph 2
of the LRA 2002, the phrase ‘actual occupation’ should be utilized. Furthermore, Lewison
*
LLB (Soton).
1
[1991] 1 AC 56 [93] (Lord Oliver).
2
[2010] EWCA Civ 424 [D36] (Mummery LJ).
3
[2019] EWCA Civ 1755 [281] (Lewison LJ).
4
[2008] UKHL 23 [39] (Lord Walker).
5
Cornerstone
(n 3) [291] (Lewison LJ).
6
ibid [43] (Lewison LJ).
7
ibid [46] (Lewison LJ).
8
ibid.
E
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