Edward Gamble reports on a decision that clarifies whether a squatter in illegal occupation of a residential building can still establish a claim for adverse possession ‘The illegality principle may have to give way to competing public policy interests from time to time.’ Section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act …
Continue reading "Adverse Possession: The illegality conundrum"
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Can a squatter rely upon conduct that amounts to a criminal offence as the basis for a claim in adverse possession? Alison Oldfield and Richard Jobes investigate ‘Until a claim in adverse possession is established however, the occupier of the land is, by definition, committing an unlawful – tortious – act of trespass.’ The decision …
Continue reading "Adverse Possession: Criminality trespass"
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European Urban St Pancras 2 Ltd v Glynn confirms that a right to park cars on land can be a legal easement. Nikolas Ireland examines the case. ‘The facts of this case illustrate how important it is for purchasers to inspect fully the land they are buying and raise all necessary enquiries to establish there …
Continue reading "Easements By Prescription: Just what the doctrine ordered"
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Wills & Trusts Law Reports | March 2012 #117Privy Council (Lady Hale, Lord Mance, Lord Kerr, Lord Clarke and Sir Robin Auld)
The respondents made claims for breach of trust against the appellant in respect of breaches that occurred in Guernsey at a time when Guernsey customary law governed the duties of Guernsey trustees and also after the introduction of the Trusts (Guernsey) Law 1989 (the 1989 Law), but before that law was amended by the Trusts (Amendment) (Guernsey) Law 1990 (the 1990 Law). The trust instrument included an exoneration clause in respect of negligence by the trustee and ...
