RSS Feed

Tag Archives: Section 144

Court of Appeal upholds Keith Best’s right to keep house he squatted

Posted on

Builder Keith Best has won a Court of Appeal case allowing his ownership of a £400,000 house after he refurbished it and started squatting it in 2001 – even though he was squatting illegally after 2012.

Best had noticed the empty house in Church Road, Newbury Park, Ilford, in 1997 and decided to make it habitable, moving in in 2001. Around 2013 he applied to the Land Registry to have it registered in his name. The law says an occupier “in adverse possession” (ie squatting without permission of the owner or having established possession by other means, such as putting a fence around the property) can apply to the land registrar to place it in his name after 10 years.

But Best staked his claim after the criminalisation of residential squatting in 2012. The registrar argued that since Best was in illegal occupation after that time, his claim could not be registered. Ownership would not be transferred to him.

The Court of Appeal has now said the registrar was wrong. The criminalisation of squatting in Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO S.144) did not prevent a perfectly legal claim to a property under the 2002 Land Registration Act. Lord Justice Sales said:

“I consider that the true inference is that in enacting section 144 Parliament did not intend to produce any collateral effect upon the settled law of adverse possession in respect of either registered or unregistered land.” (Para 75)

Adverse possession is covered by Schedule 6 to the Land Registration Act 2002 which says: “A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.

A further two years is allowed while the registrar contacts the previously registered owner (“the proprietor of the estate to which the application relates,“) plus others with a potential interest to see if they object to the transfer to a new owner. “Possession” need not be by squatting but by an action that counts as possession. Best did a lot of work on the house over the years but was not always actually living there during his 10 years of adverse possession. Nevertheless he accrued the Schedule 6 right to make his application. The new ruling from the Court of Appeal confirms that the “adverse possession” (without permission but without objection or resistance by the owner) may include a period of time when occupation is unlawful under LASPO S.144. Read the rest of this entry

Question’s unanswered in the Daniel Gauntlett inquest

Posted on

Daniel Gauntlett, who froze to death on the step of an empty boarded-up bungalow, died in possession of a letter from a doctor calling on the authorities to find him accommodation as a person in priority need. Mr Gauntlett, aged 35, was suffering from a collapsed lung and was a heavy drinker, a coroner’s inquest heard.

There was also evidence that suggested Mr Gauntlett, who died during a freezing February night in 2013, had been arrested and evicted by police from a previous building. Witnesses said he had not been squatting in the building in Aylesford, Kent, where he died but had lived in the garden.

Campaigners have claimed that he was in effect a victim of  Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012, which criminalised squatting in residential property. It had been suggested he “died as a result of obeying the law” because police told him not to squat the empty house.

It has been argued that Gauntlett’s human rights may have been breached either because the Government failed to put in place Article 2 European Convention (right to life) protections when it passed Section 144; or because the police or social services had failed to offer sufficient help to him.

However, the deputy coroner for Mid Kent, Kate Thomas, did not bring in a verdict under human rights “Middleton inquest” procedures, simply recording a verdict of “death by natural causes exacerbated by self neglect”. No police witnesses were called to tell the court of any contact they had had with Gauntlett before he died or whether he had indeed been evicted from a squat or warned not to enter the bungalow.

Witness statements
Mr Gauntlett’s father, Donald, told the court the last time he had seen him, his son told him he had been arrested at another house, in London Street, Maidstone, and as a result had lost some of his clothes. His father gave him money to buy new ones. He said his son’s alcohol problems began when his younger brother died in a road traffic accident at the age of 18. Read the rest of this entry

Daniel Gauntlett hypothermia death verdict

Posted on

Note: A full report on this inquest is now in this post: Question’s unanswered in the Daniel Gauntlett inquest

A coroner has recorded a verdict of death by natural causes exacerbated by self neglect in the case of Daniel Gauntlett, a 35-year-old unemployed man who died on the step of an empty boarded up bungalow in Aylesford, Kent, in February 2013.

Campaigners have claimed that he was in effect a victim of  Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012, which criminalised squatting in residential property. It had been suggested he “died as a result of obeying the law” because police told him not to squat the empty house.

It has been argued that Gauntlett’s human rights may have been breached either because the Government failed to put in place Article 2 European Convention (right to life) protections when it passed Section 144; or because the police or social services had failed to offer sufficient help to him.

However, the inquest made barely any mention of the squatting issue. Nor was there any call for an examination of Gauntlett’s Article 2 rights under a “Middleton inquest” procedure. The court was told that Gauntlett died from hypothermia on a bitterly cold winter night. Evidence was given of his chronic alcoholism which his father said began when his younger brother died in a road traffic accident at the age of 18.

The deputy coroner for Mid Kent, Kate Thomas, sitting on 10 December 2014, had documentary evidence of Gauntlett’s accident and emergency admissions before her. A local community warden said Gauntlett had refused help on a number of occasions. No evidence was offered regarding squatting or any police intervention to stop him squatting the house he died in front of.

Read a fuller report of the inquest here: Question’s unanswered in the Daniel Gauntlett inquest

Twitter: alrich0660

An earlier piece on the death of Daniel Gauntlett is here
More on the squatting law on Thinking Legally: How protection of property could crumble
And a piece also Daniel Gauntlett inquest: human rights issues and the ‘Middleton’ procedure
Also a piece on Ministry of Justice guidelines on Nearly Legal here.

 

Squatting, adverse possession and the LASPO s.144 debacle

Posted on

Ancient Roman law gives illegal squatter £400,000 home. Or so you would think from the coverage of builder Keith Best’s Land Registry claim to have 35 Church Road, Newbury Park, Ilford, registered in his name.

The importance of the case is (or will be when it goes through appeals) that it should clarify how far the criminalisation of squatting (LASPO S.144) impacts on the law of adverse possession.

It’s a knotty problem. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 rendered squatting criminal if the occupier “is in a residential building as a trespasser having entered it as a trespasser”. The Act is in a sense retrospective. You fall within it even if you entered the premises before the Act was passed – in Best’s case around 2001. Best unfortunately staked his adverse possession claim after the Act came into force so the land registrar rejected it on the grounds he was an illegal trespasser according to the meaning of Section 144.

Adverse possession, far from being a Roman law, is covered by Schedule 6 to the Land Registration Act 2002 which says: “A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.” A further two years is allowed while the registrar contacts the registered owner (“the proprietor of the estate to which the application relates,“) plus others with a potential interest to see if they object to the transfer to a new owner.

Read the rest of this entry

Anti-squatting law and the death of Daniel Gauntlett

Posted on

It is six months or so since the passing of a law criminalising trespassing in Britain and already there is – apparently – a tragic victim and – certainly – a nasty political row. The victim is Daniel Gauntlett, a 35-year-old unemployed man who died in the bitter cold on the step of an empty boarded up bungalow in Aylesford, Kent. Reports suggested police had been involved in preventing him breaking in to the house some time previously – “and so Mr Gauntlett, had taken the fatal decision to abide by the law,” according to news service KentOnline.

Campaigners against Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which criminalised squatting in residential property, believe the new law may be responsible for Mr Gauntlett’s death.

Some go further and are pinning the blame directly on MP Mike Weatherley, who introduced the anti-squatting legislation into the House of Commons, a suggestion pursued with unpleasant vigour – hence the controversy.

The claim against him is that he insists squatters are generally young, politically motivated leftists whose aim is to undermine notions of property, whereas here was a bona fide homeless man who died as a result of the new law.

In answer Mr Weatherley told the Kent Argus: “It is true that some of those who are homeless have squatted but this does not make them squatters. Read the rest of this entry

%d bloggers like this: