ABSTRACT
INTENTION TO POSSESS Lambeth LBC v Blackburn (2001) Powell v Macfarlane (1977) Adverse possession involves proof of intention to exclude all others including the owner from the land Bucks County Council v Moran (1990) Intention to possess is not an intention to own the property Pye v Graham (2001) The intention to possess is not undermined where the squatter admits they would have paid for the right to occupy
HUMAN RIGHTS Pye (JA) (Oxford) Ltd v UK (2008) The Grand Chamber of the European Court of Human Rights concluded that the law on adverse possession in UK law both pre-and post-the LRA 2002 was not contrary to human rights Ofulue v Bossert [2008] 3 WLR 1253 A landowner cannot challenge a successful application for adverse possession on the basis of Article One Protocol One of the ECHR
LAWFUL POSSESSION BP Properties v Buckler (1987) Time ceases to run once a person is offered a lawful right to be on the property
LEASEHOLD PROPERTY St Marylebone Property Co Ltd v Fairweather (1963) A squatter can be evicted by a landlord in unregistered land even after the tenant has been dispossessed. The rule is different in registered land
P a g e 1
The squatter based his claim over land on evidence of shooting over the land. It was marshy and unsuitable for growing crops or grazing animals. Access was limited as a bridge had collapsed. It was accepted that shooting alone was proof of factual possession.
