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- Title
J A Pye (Oxford) Limited v United Kingdom: Deprivation of Property Rights and Prescription.
- Authors
Johnston, David
- Abstract
The article analyzes the applicability of Article 1 of the First Protocol when a person has completed positive prescription relative to land belonging to someone else, as depicted in the case of JA Pye v. United Kingdom. The author stresses it does not seem convincing to argue that any title to land is inherently defeasible through positive prescription. Thus, there has been no change in the quality of the right and Article 1 is not engaged when positive prescription takes place.
- Subjects
UNITED Kingdom; LAND titles; LAND tenure laws; POSSESSION (Law); REAL property; JA Pye (Oxford) Ltd.; ACTIONS &; defenses (Law)
- Publication
Edinburgh Law Review, 2006, Vol 10, Issue 2, p277
- ISSN
1364-9809
- Publication type
Article
- DOI
10.3366/elr.2006.10.2.277