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Out with the Owners: The Eurasian Sequels to J A Pye (Oxford) Ltd v. United Kingdom


Oliver Jones


Seven Wentworth Chambers

April 1, 2008

Civil Justice Quarterly, Vol. 27, pp. 260-276, 2008

Abstract:     
This article critically analyses the judgment of the Grand Chamber of the European Court of Human Rights in J A Pye (Oxford) Ltd v United Kingdom (2006) 43 EHRR 3. It criticises the Court's conclusion that the right to property is engaged by the English law of adverse possession. That law is a limit applicable as part of the general law form the moment title is required. As such, it cannot be expanded by the right to property under the European Convention. The author explains how the position is different in relation to adverse possession in Hong Kong and Art 105 of the Hong Kong Basic Law, as recently examined in Harvest Good Development Ltd v Secretary for Justice [2007] 4 HKC 1.

Number of Pages in PDF File: 18

Keywords: land law, adverse possession, human rights, right to property, European Convention, Hong Kong Basic Law

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Date posted: October 6, 2010 ; Last revised: February 25, 2011

Suggested Citation

Jones, Oliver, Out with the Owners: The Eurasian Sequels to J A Pye (Oxford) Ltd v. United Kingdom (April 1, 2008). Civil Justice Quarterly, Vol. 27, pp. 260-276, 2008. Available at SSRN: http://ssrn.com/abstract=1688188

Contact Information

Oliver Jones (Contact Author)
Seven Wentworth Chambers ( email )
7th Floor, 180 Phillip Street
Sydney, 2000
United States
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