Date 19 May 2006
Landowners have been given a boost by a recent decision from an unlikely source: the European Court of Human Rights (ECHR). The law permitting individuals to obtain legal title to land by “squatting” has been found to be contrary to a land owner’s human rights. Accordingly in the decision of Pye v UK the government were ordered to compensate the landowner for loss of its land to the squatter as a result of the English law.
Pye, a landowner, had somewhat foolishly allowed some valuable development land to be used for grazing by Mr and Mrs Graham without consent for a period in excess of 12 years causing the English courts to find in favour of the Grahams’ claim for adverse possession granting him legal title to the land.
Pye attempted to claim that this was a breach of his rights under Article 1: Protocol 1 of the European Convention on Human Rights (the individual’s right to enjoyment of one’s property) but as the Convention had not been assimilated into English law at the time of the hearing the argument was unsuccessful.
Pye took the matter to the ECHR who decided that the law permitting the Grahams possession without compensation to Pye was a breach of Pye’s human rights and ordered the government to compensate Pye for his losses. The basis for the decision was that the acquisition of Pye’s land had indeed violated Article 1 and the ECHR did not agree with the governments submissions that the violation was justified by the public policy requirement preventing stale claims being brought before the court and ensuring that the position of unopposed occupation and legal ownership were consistent.
However, the claim by Pye in the English courts was heard prior to the introduction of the Human Rights Act 2000 and the Land Registry Act 2002 which will impact on the interpretation of the decision and future claims for adverse possession.
The Human Rights Act 2000 has brought into effect Article 1: Protocol 1 of the European Convention on Human Rights meaning that the English Court can now determine any claim in accordance with the individual’s right to enjoyment of its property.
The Land Registration Act 2002 now provides that in order for the “squatter” to gain legal title it must make an application to the Land Registry to be registered following 10 years of occupation. Notice of such application will be given to the paper owner who will then have a period of 2 years to obtain possession before the “squatter” can be registered as the legal owner. A paper owner who fails to do so may find that the argument that its human rights have been breached less convincing making it easier for the judiciary to conclude that the violation was justified.
It must be remembered that the case of Pye concerned registered land and the position with unregistered land still remains to be determined.
For further advice or guidance, please contact Lynsey Newman or Terence Ritchie on 01727 798000 or lynsey.newman@salaw.com or terence.ritchie@salaw.com.
© SA Law 2006
Every care is taken in the preparation of our articles. However, no responsibility is accepted as being owed to any person or organisation who acts on the basis of information contained in them. You should obtain specific advice in respect of individual cases.