from the Inner Temple Library
Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91
“An offer by a squatter to buy the property from the owners in a letter marked ‘without prejudice’ could not be used as evidence that she had acknowledged the owners’ title to the property so as to defeat her claim to adverse possession.”
WLR Daily, 12th March 2009
Source: www.lawreprots.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
House of Lords
“Where an occupier disputing possession proceedings made an offer to the owners to buy the property in a ‘without prejudice’ letter, which was rejected, but later claimed that the title of the property had passed to her because of 12 years’ adverse possession, the owners could not rely on the letter as evidence that she had acknowledged their title to the property so as to defeat her claim.”
The Times, 13th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
“The Queen has won ’squatter’s rights’ over large tracts of the Severn Estuary in a dispute with a controversial Cardiff businessman.”
BBC News, 20th February 2008
Source: www.bbc.co.uk
“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”
WLR Daily, 11th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22
“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 31st January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
