High Court evicts beastly squatters

They have lived happily in their £1 million home for the last 20 years.

But the High Court has ordered a group of squatters to get out after a £150,000 legal wrangle.

The case involved horses but it could have implications for human squatters.

The horses have been grazing on a half-acre field close to Heathrow Airport for two decades.

The field is owned by developer Beaulane Properties, which has left it empty since 1991. However, neighbouring farmer Terence Palmer used the land for his horses, charging others rent to graze their animals.

When Beaulane, owned by businessman Naresh Patel, wanted the land back, Mr Palmer refused to move out and claimed squatters' rights because his animals had been there for more than 12 years.

But in a landmark case, Deputy High Court Judge Nicholas Strauss

QC has given the horses 28 days to leave the field. He said that awarding the land - which could be worth more than £1million with planning permission - to Mr Palmer would breach the 1998 Human Rights Act.

According to Jeremy Berg of Vyman Solicitors, which represented Beaulane, it is the first time the Human Rights Act has been used in England to settle a property dispute.

"The case illustrates how the Act can be used to bring about a just outcome which would not otherwise have been achievable and it is important to reflect on how this might be used in future with regard to other areas of private law," Mr Berg said.

"If Mr Palmer continues to refuse to move his horses, a bailiff can be called in to evict them."

Mr Palmer, who owns an adjacent field, was given permission to graze cows on the land by previous owners and later replaced them with horses. When the land was sold in 1986 the buyers asked Mr Palmer to remove his horses, but they continued to graze until the field was sold to Beaulane in 1991. Beaulane planned to develop the land and was waiting for planning restrictions to be relaxed.

Lawyers for Beaulane argued the company was unaware it risked losing the investment to the four legged squatters.

Mr Palmer has been ordered to pay 20 per cent of Beaulane's £84,245 legal costs as well as his own - an estimated £65,000.

Mr Palmer's wife insisted the case was not yet over, but said her husband was not available to comment.