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Adverse possession is a contentious subject. The possibility of a squatter knowingly acquiring title to land “as of wrong” is one which disturbs the general public and indeed causes qualms in some members of the judiciary. Thus, at first instance, Neuberger J. felt very unhappy with the jurisprudence that caused him to find for the squatter in J.A. Pye (Oxford) Ltd. v. Graham [2000] Ch. 676. The Court of Appeal (The Times, 13 February 2001) has now reversed this decision, and has upheld the title of the registered proprietor to the disputed land. However, although the result may seem desirable with regard to fairness and the integrity of land registration, the judgments seem less satisfactory, and only serve to re-emphasise the difficulties in this area of the law.
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- Copyright © Cambridge Law Journal and Contributors 2001