- Escheat, overriding interests and actual occupation (Rock Ferry Waterfront Trust v Pennistone)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: The Court of Appeal dismissed an appeal from the order of His Honour Judge Hodge QC, by which the first instance judge had awarded possession of a plot of land to the claimant/respondent; and had dismissed the appellant’s counterclaim for a declaration that it was entitled to be registered as proprietor of the said land. Among other things, this case discusses when a person will be in actual occupation of land even though they do not themselves occupy the same. In particular, the case considers when it will be sufficient for a party to establish actual occupation via the occupancy of a caretaker or agent. In addition, the case provides helpful guidance as to the fate of land which is owned by a company incorporated otherwise than in accordance with the laws of England and Wales; in circumstances where that company is dissolved while at the same time owning land in England and Wales. Written by Christopher Snell, barrister at New Square Chambers.
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