Land Law and Human Rights

Manchester City Council v Pinnock (2011) when the public authority brings possession proceedings against the occupier, the occupier can raise a defense due to the occupier's rights (ECHR). Case law since has suggested that cases based on Article 8 are rarely successful.

European Convention of Human Rights - Article 1 (ECHR) no one will be deprived their possessions except in public interest and subject to the conditions provided for by law.

Ownership/Possession/Occupation

Having clarity between the different meanings of these words show you have grasped the fundamental understandings of Land Law.

Land is owned by the crown and no one else.

To be in possession simply means you have the leasehold to that land.

Occupation can mean a few things:

1. Can have both possession and a legal estate in the land;

2. Personal occupier with proprietary (not just personal) interest in the land could also have rights which bind those who acquire the land.