Archive for the 'adverse possession' Category

Regina (Diep) v Chief Land Registrar – WLR Daily

Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215

“The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational.”

WLR Daily, 6th December 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baxter v Mannion – WLR Daily

Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82

“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”

WLR Daily, 19th March 2010

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.

Regina (Smith) v Land Registry – WLR Daily

Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72

“Title to land over which a public highway runs could not be acquired by adverse possession.”

WLR Daily, 11th March 2010

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.

Ofulue v Bossert – WLR Daily

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. 

Ofulue and Another v Bossert – Times Law Reports

Ofulue and Another v Bossert

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 ordered out of Mayfair – BBC news

“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Crown awarded “squatter’s rights” – BBC News

“The Queen has won ‘squatter’s rights’ over large tracts of the Severn Estuary in a dispute with a controversial Cardiff businessman.”

Full story

BBC News, 20th February 2008

Source: www.bbc.co.uk

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“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.

Ofulue and Another v Bossert – Times Law Reports

Ofulue and Another v Bossert

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 – WLR Daily

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.

J.A. Pye (Oxford) Ltd v United Kingdom – Times Law Reports

Squatters’ rights to another’s land are not disproportionate

J.A. Pye (Oxford) Ltd v. United Kingdom

European Court of Human Rights

“Provisions of English law allowing squatters to obtain after 12 years of adverse possession the right to title of the land, without liability to compensation, was not an intrusion into the applicant companies’ rights to the ownership of their property.”

The Times, 1st October 2007

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 

Developer loses landmark squatting case – The Times

“A property developer’s landmark legal fight to secure compensation for land lost to squatters has ended in failure after Europe’s highest court ruled that UK law did not breach the developer’s human rights.”

Full story

The Times, 30th August 2007

Source: www.timesonline.co.uk

Squatter wins £2m London plot after 18-year stay – The Independent

For most people a property on Hampstead Heath would be many mortgages or lottery tickets away, but a squatter has been granted the rights to a plot of land worth £2m for nothing.

Full story

The Independent, 24th May 2007

Source: www.independent.co.uk


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