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Case Law 44302 / 2002 (27/09/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 09/27/2007

Subject: Protection of property: the Court held, by ten votes to seven, that there had been no violation of Article 1 of Protocol No. 1 () to the European Convention on Human Rights concerning the applicant companies’ loss of ownership of 23 hectares of agricultural land through “adverse possession” to a neighbour who had used the land for more than 12 years without permission. (The judgment is available in English and French.) The Court concluded that the fair balance required by Article 1 of Protocol No. 1 was not upset in the applicant companies’ case. Judges Rozakis, Bratza, Tsatsa-Nikolovska, Gyulumyan and Šikuta expressed a joint dissenting opinion and Judge Loucaides, joined by Judge Kovler expressed a separate dissenting opinion. Both opinions are annexed to the judgment

Parties: J.A. Pye (Oxford) Ltd et J. A.(Oxford) Land Ltd. c/ Regno Unito

Classification: Freedoms - Art. 17 Right to property