Acquisition and Priorities

Question 1

When do you not need a deed?

Answer 1

Short Legal Leases s54(2) LPA
less than 3 years
at market rate
takes possession immediately

Question 2

when can equity intervene

Answer 2

Doctrine of anticipation: complies with doctrine in walsh v lonsdale: ‘Equity looks on as done that which ought to be done’

Question 3

what is actual occupation?

Answer 3

1) Property right
2) AO - Baker v Craggs (Claimant in actual occupation of land at time of later sale — but not obvious, so did not bind) Rosset (physcial prescence not neccessary), Thompson (no AO if not living at moment).
3) Knowledge + Discoverable
4) No inquiry, cannot lie.