The following is excerpted from a BBC News story from January, 2003, “Eco-burial woman claims squatters’ rights,” downloadable at http://news.bbc.co.uk/1/hi/england/2707235.stm
A Somerset woman who buried bodies in a piece of disputed garden claimed by her neighbours wants squatters’ rights on the land.
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Get Help Now!Barbara Butler buried four people, including two children, and several animals in unmarked graves on disputed land at Watchet as part of her business, Green Undertakings.
Her neighbours, Richard and Rosemary Rutter, discovered the bodies – which have since been exhumed and re-buried – in 1999.
But now Mrs Butler wants the Land Registry to award squatters’ rights over parts of the land, based on her former use of it.
…Mr and Mrs Rutter of Brendon Road, Watchet, say they had no idea their neighbour had used the land for the eco-burials for two years. They say they were ‘horrified’ when they made the discovery in a corner of what they claim is their garden.
…The case may be one of the last of its kind in Britain as new legislation due to take effect later this year will make squatters’ claims much more difficult.
Question- While adverse possession rules vary from place to place, two common features are that the property must be possessed openly, with no attempt to hide it; and that the possession must be against the interests of the owners. Explain the effects of these two conditions, and what would likely happen without them.
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