Article contributed by Ian Quayle Ian Quayle discusses a recent case which has examined some of the issues associated with adverse possession and provides useful reminders for busy practitioners. Case name, reference and Bailii link - Rowlands v...
Article contributed by Richard Miller, Tanfield Chambers Bailii link: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/549.html&query=(Healey)+AND+(v)+AND+(Fraine)+AND+(.2023.)+AND+(EWCA)+AND+(Civ)+AND+(549) Summary ...
Article contributed by Sarah Thompson-Copsey Bailii Link: https://www.bailii.org/ew/cases/EWHC/QB/2022/578.html This is a case relating to successful claim for adverse possession under the Limitation Act 1980. Facts Milton Keynes Council was the...
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...
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...
This page explains meaning of the phrase "adverse possession" as set out in Pye v Graham, the leading case on the topic. Other important issues that arise in adverse possession cases are dealt with on the other pages in this section of the site - go back to the page...
This page sets out the procedure for applying to the Land Registry under the Land Registration Act 2002 to be registered as owner of land that has been in adverse possession. It also deals with the leading cases that have been decided under the Act since it came into...
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...
A person claiming adverse possession who acknowledges the paper owner's title will set time running again. This can mean that he has not run up 12 years adverse possession prior to the coming into force of the Land Registration Act 2002 (13 October 2003); or if the...
The Grand Chamber of the European Court of Human Rights decided (by 10-7) that the English law of adverse possession (as it relates to claims under the law prior to the Land Registration Act 2002) is not incompatible with the Convention. Pye, which lost land under...
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