Beaulane Properties Ltd v Palmer (Record no. 75151)

MARC details
000 -LEADER
fixed length control field 01961cab a2200229 4500
001 - CONTROL NUMBER
control field L129526
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050426n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129526
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Beaulane Properties Ltd v Palmer
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2005] 14 EG 129 (CS)(1)
520 ## - SUMMARY, ETC.
Summary, etc. ChD, 23 March 2005. Considers whether claimant registered owner of land (B) could overturn defendant's (P) claim of adverse possession by virtue of the Land Registration Act 1925 of the disputed land. B held that the 1925 Act s75 read together with the Limitation Act 1980 deprived it of its property without compensation in contravention of the Convention for the Protection of Human Rights and Fundamental Freedoms Protocol 1 Art 1. Contended that the court should by the Human Rights Act 1998 s3 (which came into force in October 2000), give effect to the statutory provisions so as to render them compatible with the Convention if possible. "Held": claim allowed. B's loss was incompatible with its rights under the Convention, which protect the peaceful enjoyment of property. The effect of the legislation as a whole transferred the right to possession to the trespasser (P), amounting to a deprivation of possession within Protocol 1 Art 1. Nothing in the circumstances could justify the transfer of property without compensation from the deserving (B) to the undeserving (P). Reinterpreting the legislation in accordance with the 1998 Act s3, B remained the owner and P's claim to have acquired the disputed land failed.
590 ## - LOCAL NOTE (RLIN)
Local note IKA290405
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BEAULANE PROPERTIES LTD V PALMER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAND REGISTRATION ACT 1925
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1980
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 26/04/2005   L129526 129526-1001 06/08/2019 1 06/08/2019 Law report