Girish Mahajan (Editor)

Kling v Keston Properties

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Court
  
Court of Appeal

Citation(s)
  
(1985) 49 P & CR 212

Kling v Keston Properties Ltd (1985) 49 P & CR 212 is an English land law case, concerning actual occupation in registered land.

Contents

Facts

Mr Kling had and exercised a right of pre-emption entitling him to take a long lease of a garage. At the time, he was just a licensee of the garage in Chelsea.

Judgment

The Judge held that the parking of the car in the lock-up garage could amount to actual occupation for the purpose of an overriding interest. His overriding interest derived from his proprietary right in the pre-emption of leasing the garage (This now officially being a proprietary interest since LRA 2002).

References

Kling v Keston Properties Wikipedia


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