Source: All England Reporter
Publisher Citation: [2005] All ER (D) 199 (Nov)
Court: European Court of Human Rights
Judge:

Judge Pellonpaa (president), Judges Bratza, Straznicka, Maruste, Pavlovschi, Garlicki and Borrego Borrego, and Mr M O'Boyle (Section Registrar)

Judgment Dates: 15 November 2005

Catchwords

Human rights - Right to peaceful enjoyment of possessions - Adverse possession - Owners deprived of title to land - Whether breach of right to peaceful enjoyment of possessions - European Convention on Human Rights, First Protocol, art 1.

The Case

The application of the provisions of the Land Transfer Act 1925 and the which deprived persons against whom adverse possession was granted and whose title to property was extinguished, breached such persons' right to peaceful enjoyment of their possessions in that they were deprived of their possessions in a manner which was not in the public interest and not proportionate.

Practice Areas

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