Dentons

International Top 30 position: 4

Property is theft — R (Best) v Chief Land Registrar

In the case of R (Best) v Chief Land Registrar, the High Court has held that a criminal squatter was entitled to use his period of criminal squatting to acquire adverse possession of a residential property, this despite the criminal activity and the general proposition that a criminal should not profit from his crime (ex turpi causa).

Squatting in residential property was criminalised by section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although it remains only a civil offence in respect of commercial property. It has generally been considered that a criminal should not be able to benefit from his dishonourable activity in bringing a legal claim. Therefore, while it has been possible for squatters to acquire title to the property they are squatting in by way of adverse possession (i.e. possessing the property to the exclusion of all others and without consent), it had been considered that the criminalisation of residential squatting would prevent a squatter from becoming a title holder…

Click on the link below to read the rest of the Dentons briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Dentons

View more briefings from Dentons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

1 Fleet Place
London
EC4M 7RA
UK
http://www.dentons.com/

Turnover (€m): 209.5
Lawyers: 760
Partners: 183
Jurisdiction: Europe

Jobs