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Moving in, moving out: will judges allow adverse possession claims based on an offence?

Moving in, moving out: will judges allow adverse possession claims based on an offence?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Clarke, Sandra (2013) Moving in, moving out: will judges allow adverse possession claims based on an offence? Solicitors Journal, 157 (10). pp. 10-11. ISSN 0038-1047

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Abstract

Squatting in a residential property became an offence in September 2012, but the courts have yet to determine whether an existing trespasser will be able to acquire title by adverse possession based on occupation before 1 September 2012 but where the requisite 12 year period has not expired by that date. The article examines the case law on both prescription and adverse possession and suggests that R (on the application of Wayne Smith) v Land Registry (Peterborough Office) [2009] EWHC 328 (Admin) may not be conclusive of the question and that the exception contained in Bakewell Management Ltd v Brandwood [2004] UKHL 14 may apply.

Item Type: Article
Uncontrolled Keywords: trespasser,squatting,residenital property,adverse possession prescription, criminal offence, title to land
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
Last Modified: 14 Oct 2016 09:24
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/9686

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