UK Advers Possession Law – Not Compliant
The claimant had said that the UK law which allowed it to lose land by virtue of twelve year’s occupation by a squatter, interfered with its right to ownership of property.
Held: The UK law on adverse possession did comply with the Convention. The limitation period of twelve years for actions for the recovery of land pursued a legitimate aim in the general interest. The contracting states enjoyed a wide margin of appreciation in implementing social and economic policies, and it was not unreasonable for a state to provide for the extinction of title where the requirements of adverse possession were satisfied.
[2007] ECHR 700, [2007] ECHR 705, Times 01-Oct-2007, 44302/02, [2007] All ER (D) 177, (2008) 46 EHRR 45
Bailii, Bailii, Bailii
European Convention on Human Rights, Land Registration Act 2002
Human Rights
Citing:
Appeal from – J A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Admissibility – J A Pye (Oxford) Ltd v The United Kingdom ECHR 8-Jun-2004
Admissibility . .
Cited by:
Applied – Ofulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
Cited – Lancashire County Council v Buchanan Admn 7-Nov-2007
The defendant estate agent was prosecuted for misdescribing the ability of his client to convey good title to the land offered. The seller did not initially have a registered possessory title to part of the land.
Held: The agent’s appeal . .
Cited – Baxter v Mannion ChD 18-Mar-2010
B appealed against an order for rectification against him of the land register returning ownership to M. B had obtained registration with possessory title, claiming to have kept horses on the field for many years in adverse possession of it. M had . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Registered Land
Leading Case
Updated: 02 November 2021; Ref: scu.263548