Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325
“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
Zarb and another v Parry and another: [2011] EWCA Civ 1306; [2011] WLR (D) 331
“To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.”
WLR Daily, 15th November 2011
Source: www.iclr.co.uk
Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215
“The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational.”
WLR Daily, 6th December 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82
“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”
WLR Daily, 19th March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Smith) v Land Registry [2010] EWCA Civ 200; [2010] WLR (D) 72
“Title to land over which a public highway runs could not be acquired by adverse possession.”
WLR Daily, 11th March 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91
“An offer by a squatter to buy the property from the owners in a letter marked ‘without prejudice’ could not be used as evidence that she had acknowledged the owners’ title to the property so as to defeat her claim to adverse possession.”
WLR Daily, 12th March 2009
Source: www.lawreprots.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
House of Lords
“Where an occupier disputing possession proceedings made an offer to the owners to buy the property in a ‘without prejudice’ letter, which was rejected, but later claimed that the title of the property had passed to her because of 12 years’ adverse possession, the owners could not rely on the letter as evidence that she had acknowledged their title to the property so as to defeat her claim.”
The Times, 13th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
“The Queen has won ‘squatter’s rights’ over large tracts of the Severn Estuary in a dispute with a controversial Cardiff businessman.”
BBC News, 20th February 2008
Source: www.bbc.co.uk
“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”
WLR Daily, 11th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22
“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 31st January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Squatters’ rights to another’s land are not disproportionate
J.A. Pye (Oxford) Ltd v. United Kingdom
European Court of Human Rights
“Provisions of English law allowing squatters to obtain after 12 years of adverse possession the right to title of the land, without liability to compensation, was not an intrusion into the applicant companies’ rights to the ownership of their property.”
The Times, 1st October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
“A property developer’s landmark legal fight to secure compensation for land lost to squatters has ended in failure after Europe’s highest court ruled that UK law did not breach the developer’s human rights.”
The Times, 30th August 2007
Source: www.timesonline.co.uk
For most people a property on Hampstead Heath would be many mortgages or lottery tickets away, but a squatter has been granted the rights to a plot of land worth £2m for nothing.
The Independent, 24th May 2007
Source: www.independent.co.uk
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