The Law Reports (Chancery Division)
[2006] Ch 79
Chancery Division
Beaulane Properties Ltd
v
Palmer
[2005] EWHC 817 (Ch)
2004 Nov 22,
23,
24,
25;
2005 March 23
2005 March 23
Nicholas Strauss QC sitting as a deputy High Court judge
Limitation of action
— Land, recovery of
— Possessory title
— Defendant allowing cattle and horses to stray into and graze on disputed land for continuous period of more than 12 years
— Successive owners of disputed land failing to protest or prevent trespass
— Whether defendant's acts amounting to adverse possession such as to confer title
— Whether extinction of title by adverse possession amounting to deprivation of possession
— Whether relevant statutory provisions to be interpreted in manner compatible with Convention
—
Land Registration Act 1925 (15 & 16 Geo 5, c 21), s. 75
—
Limitation Act 1980 (c 58), s. 17, Sch. 1, paras 1, 8
—
Human Rights Act 1998 (c 42), s. 3, Sch. 1, Pt II, art 1