sskumar123
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With reference to case law, legislation and academic commentary, critically
assess the courts’ interpretation of ‘actual occupation’ in paragraph 2 of Schedule
3 to the Land Registration Act 2002.

I literally need some points on this as I don't know how I should structure this question
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I think that this essay is only going to have two substantive parts:

(i) A discussion of how the courts have interpreted the phrase actual occupation (there is a useful summary of the authorities in Baker v Craggs [2016] EWHC 3250 at paragraph 12, which will get you started on which cases to look at);

(ii) A discussion as to whether that interpretation (or some of those interpretations, if the cases reveal multiple inconsistent interpretations), is consistent with the Act (applying a literal or purposive interpretation to the Act).

The first section is largely going to be case law heavy, the second section is going to be academic commentary heavy (I suggest including whatever the Law Commission said in their consultation papers and recommendations etc).

I doubt that there will be much legislation to look at other than the LRA 2002. Obviously cases under the LRA 1925 are relevant, though note that there was no requirement under the '25 Act that the occupation be 'obvious on a reasonable inspection of the land' as well as 'actual'.
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