Ofulue & Anor v Bossert [2008] EWCA Civ 7 deals with an adverse possession case prior to the Land Registration Act 2002.
Some notes:
The (then) law on adverse possession does not breach Art.1 Protocol 1, Pye v United Kingdom [2007] ECHR 44302/02 applied. In order not to fall under the Pye margin of appreciation, a case’s results would have to be so anomalous as to render the legislation unacceptable.
Having made a defence to possession proceedings that the occupant is a tenant does not prevent the occupant from having the requisite intention to possess. A person believing himself to be a tenant may still be in adverse possession. The … Read the full post
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