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The decision of the House of Lords in J A Pye (Oxford) Ltd v. Graham [2002]3 W.L.R.221 has not only reaffirmed the importance of possession in the common law tradition as had been understood historically, but it has also explained that it is long sustained possession that is the root of a successful claim to adverse possession. It does not matter that the adverse possessor does not have an actual...
In the post-human rights era the question has arisen on several occasions as to whether the automatic and arbitrary termination of the registered owner’s title through the common law and statutory principles governing adverse possession of land is contrary to the Article 1, Protocol 1 of the European Convention. The matter fell to be decided in J.A. Pye (Oxford) Ltd v United Kingdom ([2005] 3 EGLR...
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