Mary and Joseph travelled the long road to Bethlehem only to find there was no room at any of the local inns. One kind owner let them rest in the stable for the night, but what if they refused to leave? The kind owner could be stuck trying to evict some stable squatters. Although the claims for adverse possession have reduced since the Land Registration Act 2002, claims can still be brought in limited circumstances.
Squatting in a building following a trespass is a crime, therefore claims in these circumstance would have little merit. However, Mary and Joseph had entered the property legally as they had the consent of the legal owner to rest for the night after their long journey. Therefore calling the police to evict the ‘trespassers’ would have little effect therefore a claim must be brought to re-occupy the property.
If Mary and Joseph were to succeed in their claim for adverse possession they must prove that they had physically occupied the whole stable, which given they had 3 wise men, 3 shepherds and a variety of unusual guests added by primary school nativities over the years, the stable would be full to the brim!
But rest assured Mary and Joseph would have had to occupy the property uninterrupted for 10 years (as long as the owner had been proactive enough to register his stable with the Land Registry) before their claim would be passed. Therefore Mary and Joseph would have to vacate the property and return to Nazareth on their donkey.
Emily Louise Robertson, Trainee
