Shut out of Europe
Radley-Gardner, Oliver
Shut out of Europe - 2007 - Estates Gazette (0737) 15 September 2007, 228-229(2) .
Reports on the case of J A Pye (Oxford) Ltd v United Kingdom 44302/02 [2007] PLSCS 179. The Grand Chamber of the European Court of Human Rights (ECtHR) ruled that adverse possession of land under the Land Registration Act 1925 is not a breach of Article 1 of the First Protocol to the European Convention on Human Rights. This reverses the decision of the original (ECtHR) judgment. Following this precedent, after 10 years' adversarial possession, squatters may apply to be registered as proprietor. Even allowing for objections the squatter will have limited statutory success. If there are no objections the squatter will be registered as proprietor. This ruling leaves the matter in the hands of English courts and future cases may still be bound by High Court decisions.
J A PYE (OXFORD) LTD V UNITED KINGDOM (2007)
J A PYE (OXFORD) LTD V GRAHAM
PYE (OXFORD) LTD & ANOR V UNITED KINGDOM
BUCKINGHAMSHIRE COUNTY COUNCIL V MORAN
BEAULANE PROPERTIES LTD V PALMER
LIMITATION ACT 1980
LAND REGISTRATION ACT 1925
HUMAN RIGHTS ACT 1998
BUCKINGHAMSHIRE CC V MORAN
United Kingdom--
Shut out of Europe - 2007 - Estates Gazette (0737) 15 September 2007, 228-229(2) .
Reports on the case of J A Pye (Oxford) Ltd v United Kingdom 44302/02 [2007] PLSCS 179. The Grand Chamber of the European Court of Human Rights (ECtHR) ruled that adverse possession of land under the Land Registration Act 1925 is not a breach of Article 1 of the First Protocol to the European Convention on Human Rights. This reverses the decision of the original (ECtHR) judgment. Following this precedent, after 10 years' adversarial possession, squatters may apply to be registered as proprietor. Even allowing for objections the squatter will have limited statutory success. If there are no objections the squatter will be registered as proprietor. This ruling leaves the matter in the hands of English courts and future cases may still be bound by High Court decisions.
J A PYE (OXFORD) LTD V UNITED KINGDOM (2007)
J A PYE (OXFORD) LTD V GRAHAM
PYE (OXFORD) LTD & ANOR V UNITED KINGDOM
BUCKINGHAMSHIRE COUNTY COUNCIL V MORAN
BEAULANE PROPERTIES LTD V PALMER
LIMITATION ACT 1980
LAND REGISTRATION ACT 1925
HUMAN RIGHTS ACT 1998
BUCKINGHAMSHIRE CC V MORAN
United Kingdom--