Archive for the 'Adverse possession' Category

Forgive us our trespasses…

By NL on 10/07/2011. 14 Comments

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations.

The media response, carefully directed by spin, has been to focus on squatting and, all too predictably, on ‘protecting homeowners’ from squatters. That this response is wholly and perhaps wilfully inaccurate about the current law is something we’ve addressed before. Of course, squatting is threatened by the proposals, but the ramifications run deeper and wider.

The … Read the full post

Posted in Adverse possession, FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

On the naughty step: Bait and Switch

By NL on 19/03/2011. 14 Comments

I don’t read the Daily Telegraph. Frankly I’ve failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that Britain ever came off the gold standard. I was dimly aware that it had a re-design some years ago and was trying to be hip, which is like Tunbridge Wells re-branding itself as Barcelona, or the journalistic equivalent of dad-dancing.

Still, it is a broadsheet newspaper, with small print, a serif typeface and the occasional long word, so it has pretensions to being … Read the full post

Posted in Adverse possession, Housing law - All, Licences and occupiers and Various (non-housing). Tags: , , .

Adverse Possession: Articles 1, 6 and freedom of speech?

By NL on 13/12/2010. 0 Comments

Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR

This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that in 2005, the Ofulues had lost a possession claim for a property on the basis that the Bosserts, who had lived in the property since 1981, had gained title through adverse possession.

The Ofulues appealed on the basis that the law on adverse possession constituted a breach of Article 1, Protocol 1,and Art 6, and further that i) the Bosserts had acknowledged that they were tenants in a defence … Read the full post

Posted in Adverse possession, FLW case note and Housing law - All. Tags: , , , .

Adverse Possession in Londonderry

By David Smith on 29/04/2010. 0 Comments

Gallagher v Northern Ireland Housing Executive [2009] NICA 50

With the advent of the Land Registration Act 2002 and its new regime for dealing with adverse possession claims these cases are fast disappearing from the Court’s of England & Wales. Luckily, for those who enjoy the common law position in these matters the old ways still apply elsewhere in the United Kingdom and the Court of Appeal in Northern Ireland has just been considering the issues.

In this case the NIHE owned a roughly L-shaped piece of land which G had occupied until about 1966 for the purpose of grazing a variety of animals. G owned a piece of land … Read the full post

Posted in Adverse possession and FLW case note.

Adverse Possession of a Highway II

By Francis Davey on 12/03/2010. 8 Comments

Last year we reported the decision R (Smith) v Land Registry [2009] EWHC 328 (Admin) in which the High Court held (amongst other things) that it was impossible to acquire land by adverse possession if that land was subject to a public highway. At the time I expressed my concern about the soundness of that conclusion and so it is rather pleasing to find that on appeal in R (Smith) v Land Registry [2010] EWCA Civ 200, the Court Appeal agree with me.

To recap: the claimant lives in a caravan on land to the North of road which is a part of the public highway, even though it is … Read the full post

Posted in Adverse possession and Uncategorized. Tags: , , .

Adverse possession of the river bed II

By Francis Davey on 04/02/2010. 17 Comments

Port of London Authority v Ashmore [2010] EWCA Civ 30 is a really odd decision by the Court of Appeal to the extent I had to read it through carefully twice to be sure I understood its effect. I am still not sure that I do.

You may remember that we reported on Mr Ashmore’s attempts to resists the Port of London Authority’s attempts to register their ownership of the bed of the River Thames on the ground that he had acquired title to it (well a part of it) by adverse possession where the judge at first instance found that he had established factual possession and an intention to … Read the full post

Posted in Adverse possession and Uncategorized.

It's a confused world out there…

By NL on 04/01/2010. 11 Comments

And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute bewilderment at what was behind the question…

It is with the latter that we begin
tolata mother and daughter inheritance tax and succession with a will
Just how much can you stuff into one short question? And without giving us any idea what is actually going on?

rehousing on asthma grounds lambeth
I’m resisting the temptation to make the obvious joke about Asthma Grounds … Read the full post

Posted in Adverse possession, Allocation, ASB, assured-tenancy, Disrepair, Housing law - All, Leasehold and shared ownership, Nuisance, Possession, secure-tenancy, Tolerated trespasser, Trusts and Estoppel and Various (non-housing). Tags: .
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