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[1999] Ch 355 (CA). The claimant tenant had been granted an OptionToPurchase the defendant landlord's title, which comprised the land on which there was a garage, and the offices occupied by the claimant. When the claimant's lease expired, it sought to exercise that option and purchase the entire title. The option was not registered against the landlord's title, so the claimant had to rely on the ActualOccuption provisions in s.70(1)(g) of the LRA1925. It was conceded that these provisions made the option to purchase an overriding interest, but the question was whether it was enforceable only against the part occupied, or against the entire title. The CourtOfAppeal controversially decided that, as the option was over the entire title, the claimant could exercise it over the entire title, even though it was only in occupation of part of the land.
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