Category: adverse possession

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

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

Posted March 22nd, 2010 in adverse possession, land registration, law reports, rectification, squatting by sally

“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

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

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

Posted March 12th, 2010 in adverse possession, appeals, law reports, limitations, roads by sally

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

WLR Daily, 11th March 2010

Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91

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

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

“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

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

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

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

Posted January 28th, 2009 in adverse possession, news by sally

“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

Crown awarded “squatter’s rights” – BBC News

Posted February 20th, 2008 in adverse possession, Crown, news by sally

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

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

BBC News, 20th February 2008

Source: www.bbc.co.uk

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

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

“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

Ofulue and Another v Bossert

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

Posted February 11th, 2008 in adverse possession, human rights, law reports by sally

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

Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22

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

Posted February 1st, 2008 in adverse possession, human rights, law reports by sally

“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

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

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

Posted October 1st, 2007 in adverse possession, law reports by sally

Squatters’ rights to another’s land are not disproportionate

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

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

Posted August 31st, 2007 in adverse possession, compensation, human rights, news by sally

“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.”

The Times, 30th August 2007

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

Posted May 24th, 2007 in adverse possession, news, planning by sally

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.