Illegal occupation is no bar to adverse possession

Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1) [2015] EWCA Civ 17 The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m […]

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 […]

Failed claim for adverse possession

It wouldn’t be Christmas without a post on adverse possession so here is Smart v London Borough of Lambeth [2013] EWCA Civ 1375……..(*struggles to find Christmas link*). An oddity in this case is that Mr Smart, who was claiming adverse possession against Lambeth, had previously made a right to buy (RTB) application to them in […]

The anachronistic roundabout

An odd appeal on an adverse possession case, of no legal interest per se, but entertaining on the facts. Devanney v LB Hounslow [2012] EWCA Civ 1660 [not on baili yet. Transcript on lawtel] Mr D operated a mobile cafe from a layby on the edge of Heathrow Airport. He had done so for a number […]

Forgive us our trespasses…

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 […]

On the naughty step: Bait and Switch

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 […]

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

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 […]

Adverse Possession of a Highway II

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 […]

Adverse possession of the river bed II

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 […]