Squatters' rights
Heppinstall, A
Squatters' rights - 2002 - Solicitors' Journal 146(34) 13 September 2002, 808-809(2) .
Discusses how the Human Rights Act 1998 has affected squatters' rights and made it more difficult for owners to regain possession from unlawful occupiers. This is because the CA case "Qazi v Harrow LBC" [2001] approved the concept of 'home' within the meaning of the European Convention on Human Rights Article 8 and encouraged squatters to stand their ground. However, argues that the vast majority of cases involving squatters and possession proceedings should not be treated differently than before the Human Rights Act 1998 came into force. With an explanation of how trespassers have to satisfy the home test under Article 8. Case law.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
SQUATTERS
HUMAN RIGHTS ACT 1998
QAZI V HARROW LBC
BUCKLEY V UNITED KINGDOM
WANDSWORTH LBC V MICHALAKLAK
SHEFFIELD V SMART
POPLAR HOUSING V DONOGHUE
MCPHAIL V DOULTON
Squatters' rights - 2002 - Solicitors' Journal 146(34) 13 September 2002, 808-809(2) .
Discusses how the Human Rights Act 1998 has affected squatters' rights and made it more difficult for owners to regain possession from unlawful occupiers. This is because the CA case "Qazi v Harrow LBC" [2001] approved the concept of 'home' within the meaning of the European Convention on Human Rights Article 8 and encouraged squatters to stand their ground. However, argues that the vast majority of cases involving squatters and possession proceedings should not be treated differently than before the Human Rights Act 1998 came into force. With an explanation of how trespassers have to satisfy the home test under Article 8. Case law.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
SQUATTERS
HUMAN RIGHTS ACT 1998
QAZI V HARROW LBC
BUCKLEY V UNITED KINGDOM
WANDSWORTH LBC V MICHALAKLAK
SHEFFIELD V SMART
POPLAR HOUSING V DONOGHUE
MCPHAIL V DOULTON