Irfan Ali Thanvi

Actual Occupation in British Law Irfan Ali Thanvi

Our research prompted us, to establish the difference between an 'evolution' and a 'revolution' means. Evolution is a land law jargon, which is the gradual improvement of something into a better type. The British land law and the registration system in particular, has not completed its orbit and initiated a new age altogether, certainly it has rotated on its already-established axis set since 1862. Therefore, it is undoubtedly safe to say that the LRA 2002 is a 'retype' of LRA 1925, since it stands on the same structure with a different design, and has not overthrown the foundations of the LRA 1925 and come up with an entirely new system. A critical examination into the test for actual occupation, evaluating the opinion of Mummery LJ in Link Lending v Bustard that the "courts are reluctant to lay down, or even suggest, a single test for determining whether a person is in actual occupation."Prior to our conclusions as to LRA 2002 is an evolution or revolution; the sequence of events is of a paramount importance to have a preliminary look at the substance of the Act. Once the changes are discussed and analyzed, our finding that the LRA 2002 is, for now, an evolution and not a revolution.