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Article contributed by Sarah Thompson-Copsey Bailii Link: https://www.bailii.org/ew/cases/EWHC/QB/2022/578.html This is a case relating to successful claim for adverse possession under the Limitation Act 1980. Facts Milton Keynes Council was the...
Article by Guest Editor Tom Graham Almost all property sites will have highway frontages and, as such, it is important that those acting on behalf of potential purchasers take into account the question of where the boundary between the property to be purchased and the...
Contributed by Ian Quayle of IQ Legal Training (ian@iqlegaltraining.com). Dealing with boundary problems Some practical tips for busy practitioners The issue of boundary identification is a problem for both residential conveyancers and commercial property lawyers...
The Grand Chamber of the European Court of Human Rights decided (by 10-7) that the English law of adverse possession (as it relates to claims under the law prior to the Land Registration Act 2002) is not incompatible with the Convention. Pye, which lost land under...
Adverse possession claim defeated by estoppel St Pancras and Humanist Housing Association Ltd v Leonard [2008] EWCA Civ 1442 Summary In a claim for possession the claimant successfully used estoppel to defeat the defendant's argument that he was entitled to remain in...
This page contains various miscellaneous matters relating to adverse possession: The Crown Electoral roll as evidence Fences Former tenants Interruption of possession: Is a mere demand for possession sufficient? - Squatter lying low - Temporary self-exclusion. River...
Trespassers Residential property Legal Aid, Sentencing and Punishment of Offenders Act 2012 , s144 Summary As is widely known, a new law has been passed which makes it a criminal offence to squat in residential property. The provision came into effect on 1 September...
Highways R (on the application of Smith) v Land Registry and Cambridge County Council [2010] EWCA Civ 200 Summary It is not possible to claim title by adverse possession to land that forms part of the public highway. Facts The claimant made an application to the Land...
This page explains meaning of the phrase "adverse possession" as set out in Pye v Graham, the leading case on the topic. Other important issues that arise in adverse possession cases are dealt with on the other pages in this section of the site - go back to the page...
This page sets out the procedure for applying to the Land Registry under the Land Registration Act 2002 to be registered as owner of land that has been in adverse possession. It also deals with the leading cases that have been decided under the Act since it came into...
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