ABSTRACT
This chapter is concerned with the following issues that are prompted by drafting, and in particular with: the identity of the occupier of the land; and what happens where the occupier of the land is not the ultimate owner of the land. It is also concerned with: what happens where the occupier of the land has no property interest in the land; the categories of occupier; who may become bound by code rights; and the practical effect of the occupier granting code rights when it has no right to do so. It should be noted that before the coming into force of the Land Registration Act 2002, 'actual occupation' included the right to receive rents and profits. Since that Act, however, actual occupation no longer includes a right to receive rents and profits. In the context of the New Code, the latter is the more applicable definition.
