The new owner of Keston's interest did not know of Kling's parking and noted that he had not registered his lease promptly at the Land Registry, nor registered a priority "search" against their title warning that a new lease was to be pending.

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 leasing the garage and remaining a lawful licensee.

Such lawful, actual occupation is officially an overriding proprietary interest under the Land Registration Act 2002, Schedule 3.

The case confirms the law has evolved to take into account such uses as cars/motorbikes kept in domestic garages as "occupation".