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3 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Meaning of factual possession |
What was the definition of factual possession given by Slade J in Powell v McFarlane (1977)? |
"Factual possession signifies an appropriate degree of physical control...the alleged possessor has been dealing with the land as an occupying owner might have...and that no one else has done so" |
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Meaning of factual possession |
What was the outcome in Chambers v London Borough of Havering (2011)? |
Fencing alone, although often the strongest evidence of factual possession, may not be sufficient by itself to prove factual possession |
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Meaning of factual possession |
What were the circumstances in J A Pye (Oxford) Ltd v Graham (2002) and why was their appeal in 2006 important? |
The defendants had farmed land owned by J A Pye, including grazing cattle, maintaining boundaries, trimming hedges and re-seeding. They stayed in occupation beyond their licence and were asked to leave but didn't. They had the only key to padlocked gate. Held: sufficient factual possession. Appeal in 2006 was to European Court of Human Rights (J A Pye v United Kingdom (2006)). Argued LRA 1925 was inconsistent with Art 1 Protocol 1 ECHR (right to property). Claim refused, UK law not inconsistent with human rights. |
