000			02098cab a2200229 4500
001			##L131742
008			051205n2005 000 0 eng u
035			_a(Sirsi) u131742
041	0		_aeng
245	0	0	_aJ. A. Pye (Oxford) Ltd V United Kingdom
250			_c2005
260			_c2005
520			_aEuropean 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.
590			_aIKA061205
650	2	4	_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650	2	4	_aPYE (OXFORD) LTD & ANOR V UNITED KINGDOM
650	2	4	_aJ A PYE (OXFORD) LTD V GRAHAM
650	2	4	_aLIMITATION ACT 1980 S15
690			_aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL-REGISTRATION OF TITLE TO PROPERTY-LAND REGISTRATION
856	4	0	_uhttps://www.bailii.org/eu/cases/ECHR/2005/921.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76265 _d76265