Adverse possession through criminal trespass

Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how what because s.144 would interact with statute and case law on adverse possession. Now we have an answer (at least pro tem) Best v The Chief Land […]

Fiddler under the roof

Yeung v Potel & Anor [2014] EWCA Civ 481 A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above. Flats 3 and 4 were part of a 4 storey […]

Trespass and aggravation.

One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 As a very brief recap, Eaton Mansions (EM) […]

Of Superglue and Residence

A prosecution under s.144 LASPO that came unstuck* R v D Duputell 31 October 2013 Hove Trial Centre [Newspaper report] This was the retrial of Mr Duputell after his earlier trial on charges of breach of s.144 LASPO together with two other co-defendants resulted in the cases against them being thrown out. Mr D had […]

Haigh, Squatting is Now Illegal

The Evening Standard is reporting the sentencing of the first person under the new anti-squatting provisions in the LASPO Act. Alex Haigh received 12 weeks in prison. Unfortunately Mr Haigh appeared to be unaware that squatting was now an offence and admitted to Police that he was a squatter. I am not going to repeat […]

The cost of criminalising trespass

The Government’s proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government’s estimate of additional costs arising from the proposal is £25 million over 5 years. SQUASH have obtained a report on the […]

Forward to the 18th Century!

The Coalition’s proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the catholicity of a Monarch’s spouse was an issue deemed worth […]

Pass me down the wine

The number of letters published in The Guardian on the topic of the law on squatting has now reached two and can therefore be fairly described as an “exchange”. We have already noted Mike Weatherley MP’s letter to The Guardian and I urge you all to read that post. It is a sensitive, sensible, passionate […]