Adverse possession points of practice
Swerling, Leon
Adverse possession points of practice - 2006 - EMIS Property Service 4(3) 2006, 3-5(3) .
Reviews the law of adverse possession which has become unsatisfactory following the key cases of "J A Pye (Oxford) Ltd v United Kingdom" (ECHR 44302/02, L131742) and "Beaulane Properties Ltd v Palmer" ([2005] EWHC 817 (Ch), L129526). Examines the four different regimes for adverse possession that practitioners will have to grapple with: registered land before the Human Rights Act 1998 (HRA) which came into force on 2 October 2000; registered land after the HRA came into force and before the Land Registration Act 2002 (LRA) came into force on 13 October 2003; registered land after the LRA, and unregistered land. Concludes that the state of adverse possession law is such that government may be forced to review the law. Notes.
J A PYE (OXFORD) LTD V GRAHAM
PYE (OXFORD) LTD & ANOR V UNITED KINGDOM
BEAULANE PROPERTIES LTD V PALMER
LAND REGISTRATION ACT 2002 SCHED 6 PARA 1(1)
HUMAN RIGHTS ACT 1998
HUMAN RIGHTS ACT 1998 S3(1)
LAND REGISTRATION ACT 2002
Adverse possession points of practice - 2006 - EMIS Property Service 4(3) 2006, 3-5(3) .
Reviews the law of adverse possession which has become unsatisfactory following the key cases of "J A Pye (Oxford) Ltd v United Kingdom" (ECHR 44302/02, L131742) and "Beaulane Properties Ltd v Palmer" ([2005] EWHC 817 (Ch), L129526). Examines the four different regimes for adverse possession that practitioners will have to grapple with: registered land before the Human Rights Act 1998 (HRA) which came into force on 2 October 2000; registered land after the HRA came into force and before the Land Registration Act 2002 (LRA) came into force on 13 October 2003; registered land after the LRA, and unregistered land. Concludes that the state of adverse possession law is such that government may be forced to review the law. Notes.
J A PYE (OXFORD) LTD V GRAHAM
PYE (OXFORD) LTD & ANOR V UNITED KINGDOM
BEAULANE PROPERTIES LTD V PALMER
LAND REGISTRATION ACT 2002 SCHED 6 PARA 1(1)
HUMAN RIGHTS ACT 1998
HUMAN RIGHTS ACT 1998 S3(1)
LAND REGISTRATION ACT 2002