Meaning of Actual Occupation

The case concerned whether a person was "in actual occupation" of registered land pursuant to the Land Registration Act 2002 and so had an overriding interest which would defeat a lender's claim for possession.

Both parties to the litigation were innocent parties duped by a third party, but which party was going to miss out; either the claimant who suffered from Korsakoff's Psychosis, a severe medical condition which affected her understanding, memory, insight, cognitive faculties and judgment or the defendant, a lending institution.

The claimant had been swindled into parting with her property and the lender had granted a charge over the property. The inspection of the property by the lender was a "drive-by" inspection by a surveyor, who noted signs of occupation.