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Boundaries and Adverse Possession

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Weaver v Smith [2023] EWHC 1200 (Ch)

Article contributed by Ian Quayle   Ian Quayle considers the recent case of Weaver v Smith which explores the common problem of identifying the extent of a right of way. The case highlights the problems associated with plans and the need to revert to the wording...

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Healey v Fraine [2023] EWCA Civ 549

Article contributed by Richard Miller, Tanfield Chambers   Bailii link:    Summary   ...

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Introduction If a person is in occupation of property with the consent of the owner he is not in adverse possession. "It is clearly established that the taking or continuation of possession by a squatter with the actual consent of the paper title owner does not...

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Highways R (on the application of Smith) v Land Registry and Cambridge County Council [2010] EWCA Civ 200 Summary It is not possible to claim title by adverse possession to land that forms part of the public highway. Facts The claimant made an application to the Land...

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Criminal offence

Trespassers Residential property Legal Aid, Sentencing and Punishment of Offenders Act 2012 , s144 Summary As is widely known, a new law has been passed which makes it a criminal offence to squat in residential property. The provision came into effect on 1 September...

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