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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"
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
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.
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