Hostname: page-component-7479d7b7d-jwnkl Total loading time: 0 Render date: 2024-07-12T02:07:36.163Z Has data issue: false hasContentIssue false

SQUATTERS AND THE CRIMINAL LAW: CAN TWO WRONGS MAKE A RIGHT?

Published online by Cambridge University Press:  02 December 2014

Get access

Extract

DOES wrongdoing by a squatter prevent him from acquiring title to another person's land via the law of adverse possession? The answer is plainly “no” where the squatter is a civil, tortious wrongdoer: the law not only condones, but positively requires a successful adverse possession claimant to have committed the tort of trespass over the true owner's land (this condition is inherent in the requirement that the squatter's possession be “adverse”). But what happens where the tortious acts that establish the squatter's adverse possession also constitute a criminal offence? This was the tricky question facing the court in Best v The Chief Land Registrar [2014] EWHC (Admin) 1370.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)