pye v graham
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, • Neuberger gave 7 factors for courts to consider when deciding on
requisite intention
• Lord Browne-Wilkinson helped to construct the definition of adverse
possession
• The Grahams were in factual possession of the land as they were in
occupation and had exclusive physical control
• Pye was physically excluded from the land by the hedges and lack of key.
• They farmed the land in the exact way they farmed their own land. By
remaining in possession and using the land in the way they thought best
they had demonstrated an intention to possess.
• The fact that the Grahams were aware of Pye's intended use of the
property did not prevent them having the requisite intention to possess
• The law on adverse possession does not infringe the European
Convention of Human Rights.
• Browne-Wilkinson: it is clear that while the squatter is in possession, the
paper owner isn't
holland v hodgson
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Did the looms that were nailed to the factory floor become part or parcel
with the land? Although they could be easily removed from the wooden
beams, Blackburn J upheld them as fixtures thus became part of the land
mortgaged as they were intended to be
bray notes about the higher stratum
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only become an issue from increased air travel
,examples of qualifying right in actual occupation
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- estate contract: Webb v Pollmount
- right arising under estoppel: Paddington Building
-right to have transaction set aside due to undue influence: Thompson v
Foy
-beneficial interest from land trust: city of london building society v flegg
- easement IS NOT - Chaudhary v Yavuz
Hoggett v Hoggett
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Any absences must be complemented by a continuing intention to occupy
the property
principles of the botham case
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, o If temporary and no more than necessary it is a chattel
o Ease of detachment
o Custom built - more likely to be a fixture
o Who has installed item? Professional is a fixture
o Does it need to be replaced in a number of years? Or will it last? Likely to
be a chattell
o Damage caused by removal
o Is it normally left in a property? Not usually
o Does it belong to an individual or hire purchase
o Was annexation to facilitate use? Chattel yes
Link Lending v Bustard
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'The degree of permanence and continuity of presence of the person
concerned, the intentions and wishes of that person, the length of absence
from the property and the reason for it and the nature of the property and
personal circumstances of the person ...'
AP statutes
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Limitation Act 1623
limitation period originally at 20 years, now reduced to 12 years
Limitation Act 1980
Currently in force in England and Wales for all unregistered land and
registered land where more than the 12 years adverse possession elapsed
before the entry into force of the LRA 2002.) section 15(1)
Land Registration Act 2002
significantly reduced the likelihood of success in a squatter's application
reduced to boundary disputes and ensuring the marketability of
Give this one a try later!
, • Neuberger gave 7 factors for courts to consider when deciding on
requisite intention
• Lord Browne-Wilkinson helped to construct the definition of adverse
possession
• The Grahams were in factual possession of the land as they were in
occupation and had exclusive physical control
• Pye was physically excluded from the land by the hedges and lack of key.
• They farmed the land in the exact way they farmed their own land. By
remaining in possession and using the land in the way they thought best
they had demonstrated an intention to possess.
• The fact that the Grahams were aware of Pye's intended use of the
property did not prevent them having the requisite intention to possess
• The law on adverse possession does not infringe the European
Convention of Human Rights.
• Browne-Wilkinson: it is clear that while the squatter is in possession, the
paper owner isn't
holland v hodgson
Give this one a try later!
Did the looms that were nailed to the factory floor become part or parcel
with the land? Although they could be easily removed from the wooden
beams, Blackburn J upheld them as fixtures thus became part of the land
mortgaged as they were intended to be
bray notes about the higher stratum
Give this one a try later!
only become an issue from increased air travel
,examples of qualifying right in actual occupation
Give this one a try later!
- estate contract: Webb v Pollmount
- right arising under estoppel: Paddington Building
-right to have transaction set aside due to undue influence: Thompson v
Foy
-beneficial interest from land trust: city of london building society v flegg
- easement IS NOT - Chaudhary v Yavuz
Hoggett v Hoggett
Give this one a try later!
Any absences must be complemented by a continuing intention to occupy
the property
principles of the botham case
Give this one a try later!
, o If temporary and no more than necessary it is a chattel
o Ease of detachment
o Custom built - more likely to be a fixture
o Who has installed item? Professional is a fixture
o Does it need to be replaced in a number of years? Or will it last? Likely to
be a chattell
o Damage caused by removal
o Is it normally left in a property? Not usually
o Does it belong to an individual or hire purchase
o Was annexation to facilitate use? Chattel yes
Link Lending v Bustard
Give this one a try later!
'The degree of permanence and continuity of presence of the person
concerned, the intentions and wishes of that person, the length of absence
from the property and the reason for it and the nature of the property and
personal circumstances of the person ...'
AP statutes
Give this one a try later!
Limitation Act 1623
limitation period originally at 20 years, now reduced to 12 years
Limitation Act 1980
Currently in force in England and Wales for all unregistered land and
registered land where more than the 12 years adverse possession elapsed
before the entry into force of the LRA 2002.) section 15(1)
Land Registration Act 2002
significantly reduced the likelihood of success in a squatter's application
reduced to boundary disputes and ensuring the marketability of
