Beaulane Properties Ltd v Palmer

Subject Matter

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, s 75 — Limitation Act 1980, s 17, Sch 1, paras 1, 8 — Human Rights Act 1998, s 3, Sch 1, Pt II, art 1

[2005] EWHC 817 (Ch); [2006] Ch 79; [2005] 3 WLR 554; [2005] 4 All ER 461, Ch D