Chapter 8 Further reading
N Cobb and L Fox ‘Living Outside the System? The (Im)morality of Urban Squatting after the Land Registration Act 2002’ (2007) 27 LS 236
Considers the way the Land Registration Act 2002 has curtailed acquisition of title through adverse possession. Argues that reform brought about by this legislation raises moral questions which require thought and consideration.
Kerridge and Brierley ‘Adverse possession, human rights and land registration: and they all lived happily ever after?’ Conv. 2007 Nov/Dec 552 - 558
Provides an examination of the European Court of Human Rights ruling in Pye v United Kingdom.
M P Thompson ‘Adverse possession: the abolition of heresies’ Conv. 2002 Sep/Oct 480 - 492
Provides an analysis of the decision in JA Pye (Oxford) Ltd v Graham [2002]. In particular, looks at the concepts of factual possession and intention to possess. Considers the view of the court as to whether the presence of certain factors may negate the possibility of finding such intent. Are such views satisfactory?
M Dixon ‘Human rights and adverse possession: the final nail?’ Conv. 2008 2 160 - 165
Gives consideration to the issue of whether the decision in Pye v United Kingdom resolves the question of compatibility of adverse possession with the ECHR as a matter of domestic law.
Cobb, N and Fox, L ‘Living outside the system?’ The (im)morality of urban squatting after the Land Registration Act 2002’ (2007) 27 Legal Studies 236). Looking at the consequences for registered land of the changes to the balance of proof since the Land Registration Act 2002.