Adverse possession points of practice
Language: English Series: EMIS Property Service ; 4(3) 2006, 3-5(3)Publication details: 2006Subject(s):- 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
- PROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L133038 (Browse shelf(Opens below)) | 1 | Available | 133038-1001 |
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.