Land Registration Act Clarification

Summary

Actual occupation under the Land Registration Act 2002 requires physical presence and use of the property. Simply inheriting a house without living there does not meet this criterion. If a property is fraudulently sold, the rightful heir can consider legal claims such as proprietary estoppel, breach of trust, unjust enrichment, and restitution. Prompt legal action and reporting to authorities like the police and Land Registry are crucial.

Full Conversation

Could actual occupation refer to an individual who had received a house through a will but does not live there?
To clarify, "actual occupation" generally means the person must be physically present and using the property in a noticeable way.
- Receiving a house through a will but not living there would not typically be considered "actual occupation."
Is the individual planning to move into the house soon or using it in any other manner?
What if they were planning to move into the house within the next 2 months
The individual planning to move into the house within the next 2 months would not typically qualify as being in "actual occupation" under Schedule *, Paragraph * of the Land Registration Act *. "Actual occupation" generally requires current, physical presence and use.
Is the property currently occupied or being used in any other manner?
What if the individual does live there but has not been present for atleast 2 months
If the individual does live there but has not been present for at least 2 months, they might not be considered in "actual occupation" under Schedule *, Paragraph * of the Land Registration Act *. Continuous, physical presence and use are typically required.
- Is the property being used or maintained in any other way during their absence?
No, it has been sold by a fraudster to someone who did not know the house had been left to someone else in a will
I'm sorry to hear about this situation. Given that the property has been sold fraudulently, the rightful heir should take legal action promptly. Here are some steps to consider:
- **Report the Fraud**: Notify the police and Action Fraud (* * *).
- **Seek Legal Advice**: Contact a solicitor who specialises in property fraud.
- **Land Registry**: Inform the Land Registry (* * *).
Do you need assistance finding a solicitor?
No, but could you explain the claims the person who was left the house in a will could make
Certainly! The person who was left the house in a will may consider the following legal claims and actions:
- **Proprietary Estoppel**: If they have incurred expense or acted to their detriment based on the assurance of receiving the property.
- **Breach of Trust**: If the executor of the will failed in their duty.
- **Unjust Enrichment**: Against the fraudster.
- **Restitution**: To reclaim the property or seek compensation.
Would you like more details on any of these claims?