Law Case Study: "J. A. Pye vs. Graham"
$19.95 Buy and instantly download this paper now
This paper explores the legal proceedings in the important case of "J.A. Pye vs. Graham" (2002) in the context of the question: Is the issue of landownership relative? The legal doctrine of adverse possession, the author points out, is an old and fitting concept of English property law, recognizable by layman and lawyer, that recently was revised and codified under English law in the Land Registration Act. After reviewing the relative cases and the proceedings through three courts, the paper agrees with the later two courts that ruled the granting of Pye's land to Graham is unjustified. This case then led to the rewriting of the Land Registration Act 2002 .
From the Paper:"Despite the fact that the House of Lords agreed that the Grahams had acted in good faith, nevertheless, throughout their judgment in Pye v Graham, the Lordships affirmed the unfair result of their opinion. While conceding that the Grahams did nothing illegal in the case at bar, they had only maintained possession of the disputed land and was willing to pay for the grazing rights if requested to do so. However, Pye sat on their rights and allowed the adverse possession statute of 12 years to toll (lapse) thus allowing the Grahams to enjoyed the actual ownership rights of the land without payment for this entire dozen years."
Sample of Sources Used:
- Anderson, Terry L. and Lueck, Dean (1992), 'Land Tenure and Agricultural Productivity on Indian Reservations', 35 Journal of Law and Economics, 427-454.
- Baird, Douglas G. (1983), 'Notice Filing and the Problems of Ostensible Ownership', 12 Journal of Legal Studies, 53-67.
- Baird, Douglas G. (1983), 'Information, Uncertainty, and the Transfer of Property', 13 Journal of Legal Studies, 229-320.
- Bowles, Roger A. and Phillis, Jennifer (1997), 'Solicitors' Renumeration: A Critique of Recent Developments in Conveyancing', 40 Modern Law Review, 639-650.
- Bouchkaert, Boudewijn. And Depoorter, Ben, W.F., (1999) '1200 Adverse Possession - Title Systems,' Center for Advanced Studies in Law and Economic, University of Ghent.
Cite this Case Study:
Law Case Study: "J. A. Pye vs. Graham" (2010, May 16) Retrieved February 06, 2023, from https://www.academon.com/case-study/law-case-study-j-a-pye-vs-graham-119669/
"Law Case Study: "J. A. Pye vs. Graham"" 16 May 2010. Web. 06 February. 2023. <https://www.academon.com/case-study/law-case-study-j-a-pye-vs-graham-119669/>