Chaudhary v Yavuz [2011] EWCA Civ 1314

Actual use is distinct from actual occupation. This case dealt with an easement to use an outside staircase. The courts held that you do not occupy a staircase but you use it. Thus, since it cannot be deemed as an occupation then it cannot be held as an overriding interest. Accordingly, an easement is not a form of actual occupation.

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