100 years of actual occupation as an overriding interest in English & Welsh land law: challenging the rationale and making the radical case for abolition

Abstract It is 100 years since the rights of those in ‘actual occupation’ joined the statute book as interests capable of binding transferees of land despite not appearing on the register. This paper seizes the opportunity to investigate and excavate the overlooked and under-examined historical origins of the actual occupation concept and to revisit the oft-touted rationales for the principle’s recognition. In so doing, the paper rejects the commonly-rehearsed justifications for the concept and makes the radical case for abolition of actual occupation.