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

Language: English Publication details: 2005Edition: Subject(s): Online resources: Summary: European Court of Human Rights Application No 44302/02, 15 November 2005. Considers whether UK law on adverse possession by which the applicant had lost its land to a neighbour, operated in violation of its right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. In "J A Pye (Oxford) Ltd v Graham" ([2002] UKHL 30, [2002] 28 EG 129(CS)) HL allowed the licensee's (G) appeal holding that he had possession of the disputed land in the ordinary sense of the word so that the applicant (P) had been dispossessed within the meaning of the Limitation Act 1980. P applied to the ECHR. "Held": the application of the Land Registration Act 1925 and the 1980 Act to deprive P of title to the registered land constituted an interference by the state with P's Convention rights. Although it was the adverse possession that had led to P's loss of title, but for the provisions of the 1925 and 1980 Acts, the adverse possession would not have had any effect upon the applicant's title or upon its ability to repossess the land. Art 1 had been violated. As at April 2006 the decision has referred fo the Grand Chamber of the European Court of Human Rights for a final determination.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 131742-2001

European Court of Human Rights Application No 44302/02, 15 November 2005. Considers whether UK law on adverse possession by which the applicant had lost its land to a neighbour, operated in violation of its right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. In "J A Pye (Oxford) Ltd v Graham" ([2002] UKHL 30, [2002] 28 EG 129(CS)) HL allowed the licensee's (G) appeal holding that he had possession of the disputed land in the ordinary sense of the word so that the applicant (P) had been dispossessed within the meaning of the Limitation Act 1980. P applied to the ECHR. "Held": the application of the Land Registration Act 1925 and the 1980 Act to deprive P of title to the registered land constituted an interference by the state with P's Convention rights. Although it was the adverse possession that had led to P's loss of title, but for the provisions of the 1925 and 1980 Acts, the adverse possession would not have had any effect upon the applicant's title or upon its ability to repossess the land. Art 1 had been violated. As at April 2006 the decision has referred fo the Grand Chamber of the European Court of Human Rights for a final determination.